In order to have a valid workers’ compensation case under Georgia law, the employee must have been acting within “the course and scope of his employment” at the time of the alleged injury or accident. This means that the employee was doing something he is required to do by virtue of his daily tasks, something that his employer told him directly to do, or was doing something in a manner that could be reasonably foreseen by the employer (i.e. bathroom breaks, making coffee).

Satisfying this test can be extremely complicated. Consider the following examples: a company driver that stops to get gas, the person who goes for a walk on their lunch break and gets hit by a car, the woman who, on her way back to work from another work-related event, stops at the pharmacy and is injured – all of these things may be considered either in or out of the scope of employment, depending on the circumstances.


Many people are entitled to benefits resulting from injuries had during the scope of their employment; however, many people do not get the recovery they should.  It is imperative to consult with a skilled workers’ compensation attorney to find out if you have a claim, even if your employer or the insurance company tells you that you do not.


At Pasley, Nuce, Mallory & Davis, LLC, we have dedicated attorneys with known workers’ compensation knowledge and experience to help when your employer or the insurance company claims your work injury did not happen during the scope of your employment.  Contact us at any of our four locations for a free consultation to see how we can put our experience to work for you.