Georgia · Work site injury: what can I do?
Work site injury: what can I do?
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| Filing deadline | 2 years (civil lawsuit); report to workers' comp within 30 daysGeorgia Code § 51-12-33 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in Georgia?
Georgia: 2 years from injury for civil lawsuits; workers' comp employer notice within 30 days; formal claim within 1 year A lawyer can confirm yours.
Source: Georgia Code § 51-12-33
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

02 · Where cases are heard
Where would my case be heard?
Georgia construction workers have 2 years to file civil lawsuits against third-party defendants — Georgia's modified comparative fault (50% bar) applies, and Atlanta's construction boom is driving significant injury volume with lower legal market saturation than major northern markets
Georgia construction accident lawsuits are filed in Superior Court in the county where the tort occurred. Fulton County (Atlanta) and Gwinnett County handle the highest volume of construction injury cases in the state. There is no federal MDL for Georgia-specific construction tort claims; Superior Court is the proper forum.
Georgia's statute of limitations for personal injury is two years from the date of injury (O.C.G.A. § 9-3-33). For wrongful death, the same two-year period applies from the date of death. Georgia courts do not liberally apply the discovery rule to traumatic construction accidents.
Georgia has no scaffold law. Construction site liability is governed by ordinary negligence (O.C.G.A. § 51-1-6) and premises liability under O.C.G.A. § 51-3-1. Georgia's OSHA plan is administered federally (federal OSHA Region 4, Atlanta), and OSHA citations are admissible as evidence relevant to the standard of care in negligence actions.
Georgia workers' compensation (O.C.G.A. § 34-9-11) bars direct suit against the covered employer but preserves third-party claims against general contractors, owners, equipment manufacturers, and other subcontractors. Georgia applies modified comparative fault — plaintiffs 50% or more at fault cannot recover. Georgia also recognizes contractor liability to statutory employees under the 'statutory employer' doctrine, which can create additional coverage but may also limit some third-party claims.
How this works nationally
For the overall process and updates, read the Work site injury: what can I do? overview. This page covers the local information available for Georgia.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
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- Georgia Code § 51-12-33