Construction Site Accidents in Georgia: Third-Party Claims Beyond Workers’ Compensation

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An injured construction worker’s own employer is protected from a tort suit by workers’ compensation, but several other companies work on the same site, and some of them may not share that protection. Georgia’s workers’ compensation statute decides which companies do, carves out a separate rule for architects and engineers, and a separate statute sets an outer time limit on claims about how a building was designed or built. Federal construction safety rules, for the contracts they cover, divide safety duties among the contractors.

Which Companies Share the Employer’s Immunity

A “principal, intermediate, or subcontractor shall be liable for compensation to any employee injured while in the employ of any of his subcontractors engaged upon the subject matter of the contract to the same extent as the immediate employer” (OCGA 34-9-8(a)). That liability applies “only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under his control or management” (OCGA 34-9-8(d)).

In Yoho v. Ringier of America, Inc., 263 Ga. 338 (1993), the Supreme Court of Georgia held that “[o]nly an entity who is secondarily liable for workers’ compensation benefits under OCGA § 34-9-8 (a) is consequently entitled to tort immunity under OCGA § 34-9-11,” and that “[a] mere owner to whom the contractual obligation of performance is owed and from whom no contractual obligation of performance is due is not a ‘principal contractor’ under OCGA § 34-9-8.” An employee of a machine company had been injured in an explosion while repairing a solvent recovery system at a printing plant and sued the plant’s owner. The decision concerned a repair job at a plant, not a construction project.

Architects, Engineers, and Other Design Professionals

The statute preserves an employee’s right to sue a third-party tort-feasor, but it excepts “a construction design professional who is retained to perform professional services on or in conjunction with a construction project on which the employee was working when injured,” unless that professional “specifically assumes by written contract the safety practices for the project” (OCGA 34-9-11(a)). The term covers a licensed architect, professional engineer, landscape architect, geologist, or land surveyor, or a corporation organized to render those professional services (OCGA 34-9-11(b)). The immunity has limits: it “shall not apply to the negligent preparation of design plans and specifications,” to “the tortious activities of the construction design professional or the employees of the construction design professional while on the construction site where the employee was injured and where those activities are the proximate cause of the injury to the employee,” to professional surveys specifically set forth in the contract, or to intentional misconduct (OCGA 34-9-11(a)).

Federal Safety Duties on a Shared Site

The federal construction safety rules in 29 CFR Part 1926 speak to a site with a prime contractor and subcontractors. For the contracts that section covers, “[i]n no case shall the prime contractor be relieved of overall responsibility for compliance with the requirements of this part for all work to be performed under the contract,” and “[w]ith respect to subcontracted work, the prime contractor and any subcontractor or subcontractors shall be deemed to have joint responsibility” (29 CFR 1926.16(a), (c)).

Falls are covered directly. “Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems” (29 CFR 1926.501(b)(1)).

The Eight-Year Limit on Improvements to Real Property

A claim for personal injury or wrongful death arising from a deficiency in the survey, design, planning, supervision, or construction of an improvement to real property cannot be brought against those who furnished that work more than eight years after the improvement was substantially completed. An injury in the seventh or eighth year after substantial completion gets two years from the injury to sue, but never more than ten years from substantial completion (OCGA 9-3-51(a), (b)).

For example, imagine a building substantially completed on June 1, 2017, and a worker injured there on February 10, 2025, about seven years and eight months later. If the injury falls within subsection (b), the two years after the injury end on February 10, 2027, which is earlier than the ten-year outer limit of June 1, 2027.

Frequently Asked Questions

Does a claim against an architect or engineer need an expert affidavit?
Yes, when it alleges professional malpractice. The affidavit must identify at least one negligent act or omission and the factual basis for each claim, and the listed professions include architects, professional engineers, and land surveyors (OCGA 9-11-9.1(a), (g)).

Can the worker collect workers’ compensation and also sue a third party?
Yes, except as OCGA 34-9-11 or other law precludes the action. The workers’ compensation chapter preserves an action against a person other than the employer whose legal liability caused the injury, and the employer or its insurer has a subrogation lien, not exceeding the compensation paid, that is recoverable only if the employee has been fully and completely compensated (OCGA 34-9-11.1(a), (b)).

What filing period applies to a third-party claim?
The period for injuries to the person is two years after the right of action accrues (OCGA 9-3-33), and the eight-year limit in OCGA 9-3-51 applies separately to claims about the design or construction of the improvement.

  • OCGA 34-9-8(a), (d); OCGA 34-9-11(a), (b); OCGA 34-9-11.1(a), (b)
  • Yoho v. Ringier of America, Inc., 263 Ga. 338 (1993)
  • 29 CFR 1926.16(a), (c); 29 CFR 1926.501(b)(1)
  • OCGA 9-3-51(a), (b); OCGA 9-3-33
  • OCGA 9-11-9.1(a), (g)

Disclaimer

This article provides general information about construction injury claims under Georgia law. It is not legal or medical advice and does not create an attorney-client relationship. Which companies can be sued and when depends on the contracts, the project, and the specific facts. A worker hurt on a construction site should seek medical care and consult a licensed Georgia attorney promptly about the particular situation.

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