Construction worker hurt on jobsite cannot maintain lawsuit against his statutory employer – Workers compensation case law update

On February 13, 2009 the Georgia Court of Appeals decided the case of Creeden v. Fuentes. In this case, a construction worker was injured while working on a house. The injured worker fell down an elevator shaft. The Court of Appeals held that the exclusive remedy provision of Georgia’s Workers’ Compensation Act at O.C.G.A. §34-9-11 bars the plaintiffs claim. In addition, the Court held that O.C.G.A. § 34-9-8 applies in this case as well, which regulates claims against contractors in personal injury. This Section reads as follows: (a) …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 intermediate employer…(d) this Code section shall apply only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work on which are otherwise under his control or management. This case held that even though the contractor was working on the house at the behest of the future homeowner, the fact remains, the contractor still owned the property. Despite the fact that the contractor was working on behalf of the homeowner, the contractor still came under the protection of the exclusive remedy doctrine codified at O.C.G.A. § 34-9-11. This case presents negative implications for injured workers in Georgia, who attempt to bring personal injury lawsuits based upon serious injuries. Many workers are hurt and construction accidents across the state. Sometimes, it is difficult to figure out who the correct employer is in a contractor/subcontractor setting. More importantly, the law protects certain individuals and companies from personal injury lawsuits when workers are injured on the job. Many times, there are simply no third parties to sue, while other times there are several parties that fall outside of the scope of the exclusive remedy doctrine. Another interesting issue in this case is the interplay between two statutes, specifically O.C.G.A. § 34-9-11 & 34-9-8. If you or a loved one has been injured on a construction accident site or in another setting in which there are contractors and subcontractors, please feel free to contact our office to discuss your rights. Please understand that this area of law is complicated and ever-changing. Jack Clay, Esq. has handled workers compensation and jobsite accidents throughout the state of Georgia. He is a trial lawyer, located in Douglasville, Georgia. In 2009, he was featured in Super Lawyers Magazine as a Rising Star.