Asking For A Friend: Learn what Workers' Compensation is with Ben Gerber

In this Episode, we interview Ben Gerber about Workers Compensation. Ben is a trial attorney at Gerber & Holder where he focuses on helping those who have been injured on the job recover compensation for injuries and loss.

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►Jeb Butler: n today's episode of Asking For a Friend, we talk about the law of workers' compensation. Specifically, I talked with an expert in that field named Ben Gerber, who practices at the law firm of Gerber & Holder, and is a founding member of that firm. Ben's been doing workers' compensation law for 20 years. When our firm gets a call in that area, we refer it to Ben because our firm handles personal injury and wrongful death cases, and he specializes in workers' compensation cases, which are related because they do involve an injury to the body, but different enough to where we prefer to refer those cases to a specialist who knows the ins and outs of that law like Ben does.
►So today we'll talk with Ben about the law in that area, about how to know whether you have a workers' compensation case, and what to do if you do. Well, Ben, thanks for joining us today. Let's start out with this. Tell us your name and your law firm and what you do.
►Ben Gerber: My name is Ben Gerber. I'm an attorney over at Gerber & Holder. We're a small boutique law firm that only does workers' compensation plaintiffs' work. That means we only represent those who have been injured on the job. There are six attorneys over at the firm, and we have over 85 years of experience just representing injured workers.
►Jeb Butler: How long have you been doing it? You're a founder at the firm, I think.
►Ben Gerber: Yes, that is correct. I've been practicing law for 22 years now, 21 years in the state of Georgia. I did one year in the state of North Carolina before moving to Georgia. I founded the firm in 2010, and then I joined up with my partner, Tom Holder, in 2019.
►Jeb Butler: What is workers' compensation?
►Ben Gerber: Workers' compensation is a statutorily-based area of the law that deals with those who have been hurt while they are working. It's an area of law that was established in the 1930s. Basically, it limited the amount of liability that employers have when someone gets hurt on the job, but it also provides rights to workers who get hurt while they're working.
►Jeb Butler: You said it was statutorily created. What does that mean?
►Ben Gerber: It means the government set up laws that specifically governed what happens when you get hurt on the job.
►Jeb Butler: If I'm someone and I've been hurt, how do I know whether I have a workers' comp claim? Is it just as simple as, was I working at the time, or there other things I should think about?
►Ben Gerber: The simple answer is that, if you were just working at the time, that's all that really matters. The more complicated answer is there has to be at least three employees for the employer to fall under the workers' compensation statute. There are certain, very specific instances where it would not be considered workers' compensation. For example, if you were involved in horseplay and got hurt on the job, then it falls outside the purview of workers' compensation. Or, and this has happened to us before, if you are an individual and you were having a dispute with a co-worker over, let's say, a relationship-
►Jeb Butler: Like a romantic relationship?
►Ben Gerber: ... a romantic relationship and you get in a fight on the job, that is not considered in the scope and course of your employment. That is extracurricular.
►Jeb Butler: I guess the heart of the system if someone who is at work just doing their job.

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