Georgia statutory employer rule: when a GC can owe a sub’s workers’ comp

What the statute says, in plain English

• If you sublet work, you can be liable to the sub’s injured employee as if you were the employer.
• The claim normally goes to the sub first. That doesn’t cancel the worker’s right to come to you.
• If the sub has fewer employees than the law requires for coverage, the claim can go directly to the principal or intermediate contractor.
• If you pay, you can recover the amount from the person who would have been liable.

What it means in practice

A certificate showing workers’ comp keeps the claim with the sub’s insurer. No certificate, or a lapsed one, leaves the door open to you. Small subs with no policy are the ones to watch.

What to do before sublet work starts

1. Collect a workers’ comp certificate from every sub, including small ones.
2. If a sub says they have fewer than three employees and no coverage, write that down and ask your attorney how your subcontract handles it.
3. Track each policy’s end date and chase the renewal.
4. Ask your attorney about recovery from subs in your contract.

Sources: O.C.G.A. 34-9-8. Laws and agency rules change. Check the current version.

Not legal or insurance advice. This is general information. Your contract, your state and your policy decide what applies to you. Ask your broker or attorney.

A simple routine on every job

1. Before the sub starts, get the certificate and workers’ comp proof, or the exemption paperwork your state allows.
2. Ask for the certificate and keep it with the subcontract.
3. Save a copy with the date you checked and who checked.
4. Put every policy end date on a calendar.
5. Ask a local attorney or broker about anything unusual.