Construction Site Injuries in Georgia

Workers' comp is generally the exclusive remedy against the employer for a work injury, but the worker keeps the right to sue a negligent third party, except a co-employee, a company that provides the comp benefits by agreement with the employer, or (with exceptions) a construction design professional retained on the project. A construction design professional is not protected for negligent design plans and specifications, on-site tortious activity that causes the injury, or intentional misconduct. A principal or intermediate contractor is liable for comp to an injured subcontractor's employee (claims go first against the immediate employer) when the injury happened on premises where the principal contractor undertook the work or that it controlled.

Modified comparative fault (50% bar). An injured person's damages are reduced by his or her percentage of fault, but a person who is 50% or more responsible for the injury recovers nothing. Fault is apportioned among all responsible persons, including non-parties in some cases, and each defendant generally pays only its own share.

A lawsuit for injuries to the person must be filed within two years after the right of action accrues. Injuries to reputation have one year, and loss-of-consortium claims have four years.