Wrongful Death from Workplace Accidents in Georgia (Third-Party)

When workers’ compensation covers a death, the family cannot sue the employer in the ordinary way, but it can sue a third party whose fault contributed. O.C.G.A. § 34-9-11(a) makes workers’ compensation the exclusive remedy against the employer, on behalf of the employee’s “personal representative, parents, dependents, or next of kin”, and preserves actions “against any third-party tort-feasor”. Three questions shape the case: who counts as a third party, what the compensation system pays, and whether the employer’s insurer takes part of the recovery.

Why the employer is out of the case

Section 34-9-11(a) says compensation rights “shall exclude and be in place of all other rights and remedies” of the employee and those listed above, “on account of such injury, loss of service, or death”. An employer can agree in writing to more, but contract language generally about workplace safety does not do so by itself.

The Code section on death benefits speaks to intentional conduct, and it points away from a lawsuit: § 34-9-265(e) adds a penalty of 20 percent, up to $20,000, to weekly benefits when death resulted from an employer’s intentional act with “specific intent to cause such injury”, and states “Nothing in this subsection shall limit the effect of Code Section 34-9-11.” The narrow questions about intentional conduct are on the intentional tort page.

What the compensation claim pays

O.C.G.A. § 34-9-265 is the source. The employer pays burial expenses up to a stated cap. Wholly dependent survivors receive weekly compensation at the total-incapacity rate in § 34-9-261, and partial dependents receive a proportional amount. Benefits are payable “only to dependents and only during dependency”. If no dependents exist, burial is the only payment to the family. House Bill 480 amended §§ 34-9-261 and 34-9-265 in 2023, so older dollar figures online should be checked against the current Code before use.

That system differs from the wrongful death claim in every way that matters: it depends on dependency, not family status; it pays on a schedule; and fault does not decide it.

Who remains available to sue

The statutory exclusions come first, because they are easy to overlook. Section 34-9-11(a) bars claims against “an employee of the same employer”, a person who “pursuant to a contract or agreement with an employer, provides workers’ compensation benefits”, and a construction design professional retained on the project, with certain limits.

Outside those exclusions, candidates by setting include these.

Setting	Possible third party
Multi-employer site	Another contractor, unless immunity applies
Machinery	Manufacturer
Driving on the job	Another driver
Someone else's property	Owner or occupier

Each setting has its own rules: construction site injuries, defective equipment at work, and motor vehicle accidents at work.

How a general contractor can become immune

Section 34-9-8(a) makes principal and intermediate contractors liable for compensation to employees of their subcontractors “to the same extent as the immediate employer”, but only where the injury occurred “on, in, or about the premises on which the principal contractor has undertaken to execute work” or under its control, under (d). A contractor in that position is treated as a statutory employer and, under Georgia’s exclusive-remedy rule, may be immune from suit by the worker. A family should expect this defense on a construction project. The statutory employer article covers the test.

Whether the employer takes part of the recovery

Section 34-9-11.1(b) gives the employer or insurer a lien “not to exceed the actual amount of compensation paid”, limited to disability benefits, death benefits, and medical expenses. But the lien “shall only be recoverable if the injured employee has been fully and completely compensated”, considering both benefits and third-party recovery, “for all economic and noneconomic losses”. In a death case, what “fully and completely compensated” means for a settlement is a contested question that affects the family’s net amount, and it is covered in the made-whole article.

Subsection (c) also lets the employer or insurer bring the case itself in certain circumstances. If the employee, or those to whom the right passed, has not sued within one year of the injury, the employer “may but is not required to” assert the claim. The family has a right to intervene. So the third-party case can start without the family’s choice, and the limitation period still applies.

The family’s claim keeps its own rules

The third-party case is an ordinary wrongful death action. The family’s two years run from the death, the statutory order of plaintiffs applies, and the measure is the full value of the life. Those rules are in the overview of wrongful death claims. A safety violation found by a regulator may be useful evidence depending on the facts, but it does not by itself decide civil liability.

Sources

• Official Code of Georgia Annotated, November 2022 public release: §§ 34-9-8, 34-9-11, 34-9-11.1, 34-9-261, 34-9-265
• Legislative Counsel, Summary of General Statutes Enacted, 2023: House Bill 480

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.