Independent Contractor Injuries in Georgia: Personal Injury Claims Without Workers’ Compensation

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A worker who is an independent contractor stands outside Georgia’s workers’ compensation system, and a worker who is an employee stands inside it, so the label decides what kind of claim exists after an injury. An employee’s remedy against the employer is workers’ compensation; a true contractor hurt on someone else’s property sues in tort, where what the contractor knew about the hazard can decide the case.

The Statutory Test

A person or entity qualifies as an independent contractor and not an employee “if such person or entity meets all of the following criteria: (1) Is a party to a contract, written or implied, which intends to create an independent contractor relationship; (2) Has the right to exercise control over the time, manner, and method of the work to be performed; and (3) Is paid on a set price per job or a per unit basis, rather than on a salary or hourly basis.” A person “who does not meet all of the above listed criteria shall be considered an employee unless otherwise determined by an administrative law judge to be an independent contractor” (OCGA 34-9-2(e)). The default therefore runs toward employee status: a worker who misses any one of the three criteria is an employee unless an administrative law judge decides otherwise.

If the Worker Is an Employee

For an employee, the rights and remedies the workers’ compensation chapter grants replace the employee’s other rights and remedies against the employer on account of the injury (OCGA 34-9-11(a)). The right to compensation “shall be barred unless a claim therefor is filed within one year after injury,” with extensions where the employer has paid weekly benefits or furnished remedial treatment (OCGA 34-9-82(a)).

If the Worker Is a Contractor

A contractor injured on someone else’s property has the claims any injured person has against an owner or occupier who owes ordinary care in keeping the premises safe (OCGA 51-3-1), and the contractor’s own knowledge of the hazard can end the claim. In SMG Construction Services, LLC v. Cook, 322 Ga. 819 (2025), an independent contractor installing cabinets on the second floor of a house under construction walked backward off a balcony ledge that had no railing. The contractor knew the ledge was open and could see where it dropped off. The Supreme Court of Georgia held that the contractor had actual knowledge of the hazard, explaining that “[a] plaintiff’s misapprehension of the precise details of a known hazard does not negate his actual knowledge of that hazard,” and it vacated the Court of Appeals’ decision and sent the case back for the remaining elements of the defenses.

The case then returned to the Court of Appeals, which in Cook v. SMG Construction Services, LLC, No. A24A0886 (Ga. Ct. App. June 24, 2026), held that jury questions remained on assumption of the risk and voluntary negligence and reversed summary judgment for SMG. One judge concurred only in the judgment and one dissented. Across the two decisions, the contractor’s knowledge of the hazard was settled, and whether the contractor’s conduct in encountering it defeats the claim went to a jury. A contractor found partly at fault has the damages reduced by that percentage and recovers nothing at 50 percent or more (OCGA 51-12-33).

Frequently Asked Questions

Which deadline applies to an injured contractor?
A tort claim for injury to the person must be brought within two years after the right of action accrues (OCGA 9-3-33). A workers’ compensation claim, if the worker turns out to be an employee, is barred unless filed within one year after injury, subject to the statute’s extensions (OCGA 34-9-82(a)).

Can a hiring contractor owe workers’ compensation to a subcontractor’s employee?
Yes, in the statute’s circumstances. A principal, intermediate, or subcontractor is liable for compensation to an employee of any of its subcontractors engaged on the subject matter of the contract to the same extent as the immediate employer, where the injury occurred on premises where the principal contractor undertook the work or which it otherwise controls; the claim is presented first to the immediate employer (OCGA 34-9-8(a), (c), (d)).

Are owner-operators and franchisees employees?
An owner-operator as defined in OCGA 40-2-87 “shall be deemed to be an independent contractor,” and parties to a franchise agreement under the federal franchise disclosure rule “shall not be deemed employees” (OCGA 34-9-1(2)).

Do very small businesses have to carry workers’ compensation?
The chapter does not apply to a business that “has regularly in service less than three employees in the same business within this state, unless such employees and their employers voluntarily elect to be bound,” and it excludes a licensed real estate salesperson or associate broker working under a written independent contractor agreement (OCGA 34-9-2(a)(2)).

  • OCGA 34-9-2(a)(2), (e); OCGA 34-9-1(2)
  • OCGA 34-9-11(a); OCGA 34-9-82(a); OCGA 34-9-8(a), (c), (d)
  • OCGA 51-3-1; OCGA 51-12-33; OCGA 9-3-33
  • SMG Construction Services, LLC v. Cook, 322 Ga. 819 (2025); Cook v. SMG Construction Services, LLC, No. A24A0886 (Ga. Ct. App. June 24, 2026)

Disclaimer

This article provides general information about injury claims by independent contractors under Georgia law. It is not legal advice, is not medical advice, and does not create an attorney-client relationship. Whether a worker is an employee or a contractor depends on the contract, the work, and the specific facts. A worker hurt on the job should seek medical care and consult a licensed Georgia attorney promptly about the particular situation.

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