Trial Notebook: Contractor/Subcontractor Liability for Worker’s Comp

O.C.G.A. § 34-9-8(a): A contractor shall be liable for any employees in the employ of any of his subcontractors engaged upon the subject matter of the contract to the same extent as the immediate employer.

O.C.G.A. § 34-9-8(b): A contractor who pays compensation under subsection (a) of this Code section may recover the amount paid from any person who, independently of this Code section, would have been liable to pay compensation to the injured employee or from any intermediate contractor.

O.C.G.A. § 34-9-8(c): Any claim for compensation shall be first instituted against the immediate employer, but shall not constitute a waiver of the employee's rights to recover against the principal contractor. If such immediate employer is not subject to the Act by reason of having less than the required number of employees, then such claim may be directly presented to the principal contractor. However, the collection of full compensation from one employer shall bar recovery by the employee against any others, and the employee shall not collect a total compensation in excess of the amount for which any of the contractors is liable.

O.C.G.A. § 34-9-8(d): This Code section shall apply only in cases where the injury occurred on, in or about the premises of which the principal contractor has undertaken to execute work or which are otherwise under his control or management.

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