Suing Over a Work Injury in Georgia

Generally no: Georgia's workers' comp rights and remedies exclude and replace all other rights and remedies against the employer for the injury or death, including common-law liability. The statute's stated exception is when the employer has expressly agreed in writing to specific additional rights and remedies; general contract terms about safety, legal compliance or liability insurance do not count. The immunity also covers co-employees and extends to businesses using temporary help or employee leasing companies when the required benefits are provided.

Yes. A worker may sue a third party whose negligence caused the injury (except those protected by § 34-9-11) within the normal statute of limitations. The employer or insurer that paid benefits has a lien on the recovery, limited to the comp actually paid (disability, death and medical benefits), and it can collect only if the worker has been fully and completely compensated for all economic and noneconomic losses; the employer or insurer may intervene. If the worker has not sued within one year of the injury, the employer or insurer may bring the claim and must immediately notify the worker; a worker who sues after one year must immediately notify the employer or insurer. The worker's attorney is entitled to a reasonable fee from the recovery.

Employers covered by the law must carry workers' comp insurance or be approved by the State Board of Workers' Compensation to self-insure, and must file proof of compliance with the Board. An employer that refuses or willfully neglects to file that proof commits a misdemeanor, and when the Board hears an injured worker's claim against such an employer it may increase the compensation by 10 percent and must set a reasonable attorney fee payable by the employer. On a job with subcontractors, a principal or intermediate contractor can be liable for comp to an injured subcontractor employee, with the right to recover from the employer that should have paid.