Georgia Adjuster Practice Test

A dual capacity claim in Worker's Compensation is filed against an employer for what reason?

1. Negligence as a contractor

2. Acting in a capacity other than an employer

3. Failure to provide safe work environment

4. Breaching employment contract

The correct answer is: Acting in a capacity other than an employer

A dual capacity claim in Workers' Compensation arises when an employer has a relationship with an employee that goes beyond the traditional employer-employee context. This type of claim is valid when the employer is acting in a role other than that of an employer, which can lead to liability for damages under different legal standards. For instance, if an employer manufactures equipment used by employees and that equipment is defective, an employee might file a dual capacity claim. The employee is essentially claiming that the employer is liable not only as an employer but also in their role as a manufacturer. Thus, by recognizing that the employer acts in a capacity beyond merely providing employment, the law allows the employee to pursue claims that may not be covered under typical Workers' Compensation statutes. The other options provide various scenarios that are more closely related to traditional employer responsibilities or contract obligations. However, they do not capture the essence of why a dual capacity claim is unique, as it emphasizes the need for an employer to be held accountable for actions taken outside their role as an employer.