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Georgia law provides employers with an ultimate defense to a workers' compensation claim in the event they can prove that an injured worker shows willful

Georgia law provides employers with an ultimate defense to a workers' compensation claim in the event they can prove that an injured worker shows willful misconduct in their on the job actions, such as wanton and reckless disregard for safety procedures; however, there is no ability in Georgia for an injured worker to sue his employer in tort if they are injured on the job due to gross negligence.

Should an employee be allowed to sue an employer in certain instances, should the willful misconduct exclusion be eliminated? Why or why not?

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