Fulton Bakery Inc. v. Williams

Under section 16 of the Georgia workmen’s compensation law, an employer who might be subject to the provisions of the act, but who elects not to operate thereunder, is deprived of the following defenses: (a) that the employee was negligent; (6) that the injury was caused by the negligence of a fellow employee; (c) that the employee had assumed the risk of the injury. Thus, irrespective of whether or not the provision quoted would render the defendant liable even though the petition might show that the injury was caused by the negligence of the plaintiff (see Critchfield v. Aikin, 33 Ga. App.…