Title 34, Chapter 9, Section 11
( 34-9-11)
(a) The rights and the remedies granted to an employee by this
chapter shall exclude all other rights and remedies of such
employee, his personal representative, parents, dependents, or next
of kin, at common law or otherwise, on account of such injury, loss
of service, or death; provided, however, that no employee shall be
deprived of any right to bring an action against any third-party
tort-feasor, other than an employee of the same employer or any
person who, pursuant to a contract or agreement with an employer,
provides workers' compensation benefits to an injured employee,
notwithstanding the fact that no common-law master-servant
relationship or contract of employment exists between the injured
employee and the person providing the benefits, and other than a
construction design professional who is retained to perform
professional services on or in conjunction with a construction
project on which the employee was working when injured, or any
employee of a construction design professional who is assisting in
the performance of professional services on the construction site on
which the employee was working when injured, unless the construction
design professional specifically assumes by written contract the
safety practices for the project. The immunity provided by this
subsection to a construction design professional shall not apply to
the negligent preparation of design plans and specifications, nor
shall it apply to the tortious activities of the construction design
professional or the employees of the construction design
professional while on the construction site where the employee was
injured and where those activities are the proximate cause of the
injury to the employee or to any professional surveys specifically
set forth in the contract or any intentional misconduct committed by
the construction design professional or his employees. (b) As used in subsection (a) of this Code section, the term
"construction design professional" means any person who is an
architect, professional engineer, landscape architect, geologist, or
land surveyor who has been issued a license pursuant to Chapter 4,
15, 19, or 23 of Title 43 or any corporation organized to render
professional services in Georgia through the practice of one or more
such technical professions as architecture, professional
engineering, landscape architecture, geology, or land surveying. (c) The immunity provided by this subsection shall apply and extend to the businesses using the services of a temporary help contracting firm, as such term is defined in Code Section 34-8-46, or an employee leasing company, as such term is defined in Code Section 34-8-32, when the benefits required by this chapter are provided by either the temporary help contracting firm or the employee leasing company or the business using the services of either such firm or company. A temporary help contracting firm or an employee leasing company shall be deemed to be a statutory employer for the purposes of this chapter. |