A person who does not meet all of the above listed criteria shall be considered an employee unless otherwise determined by an administrative law judge to be an independent contractor.
History. Ga. L. 1920, p. 167, § 15; Ga. L. 1925, p. 282, § 1; Code 1933, §§ 114-107, 114-108; Ga. L. 1937, p. 528; Ga. L. 1973, p. 232, § 2; Ga. L. 1974, p. 1143, § 2; Ga. L. 1975, p. 190, § 3; Ga. L. 1983, p. 700, § 3; Ga. L. 1984, p. 22, § 34; Ga. L. 1988, p. 936, § 1; Ga. L. 1993, p. 323, § 2; Ga. L. 1994, p. 97, § 34; Ga. L. 1996, p. 1291, § 2; Ga. L. 1997, p. 726, § 1; Ga. L. 2007, p. 616, § 1/HB 424.
Cross references.
Liability of railroad employers for injuries to employees, § 34-7-40 et seq.
Code Commission notes.
Pursuant to § 28-9-5 , in 1988, a comma was deleted following “foreign nation or nations” near the beginning of subsection (b).
Pursuant to Code Section 28-9-5, in 1993, the paragraph designations (1) through (4) in subsection (d) were substituted for the designations (A) through (D).
U.S. Code.
The Act of Congress approved April 22, 1908, referred to in subsection (b), is commonly known as the Federal Employers’ Liability Act and is codified as 45 U.S.C. §§ 51-60.
Law reviews.
For article surveying Georgia cases in the area of workers’ compensation from June 1979 through May 1980, see 32 Mercer L. Rev. 261 (1980).
For article surveying developments in Georgia workers’ compensation law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 323 (1981).
For article, the historical origins and economic structure of workers’ compensation law, see 16 Ga. L. Rev. 775 (1982).
For annual survey article discussing workers’ compensation law, see 52 Mercer L. Rev. 505 (2000).
For article, “Workers’ Compensation,” see 53 Mercer L. Rev. 521 (2001).
For annual survey of workers’ compensation law, see 57 Mercer L. Rev. 419 (2005).
For annual survey on workers’ compensation, see 59 Mercer L. Rev. 463 (2007).
For annual survey on decisions impacting workers’ compensation, see 69 Mercer L. Rev. 357 (2017).
Structure Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers’ Compensation
Article 1 - General Provisions
§ 34-9-2. Applicability of Chapter to Employers and Employees — Generally
§ 34-9-2.1. Exemption of Corporate Officers; Limitation
§ 34-9-2.2. Eligibility of Sole Proprietor or Partner for Workers’ Compensation Insurance
§ 34-9-2.3. Election to Provide Workers’ Compensation Coverage to Farm Laborers
§ 34-9-2.4. Work Based Learning Students Covered Under Workers’ Compensation Insurance
§ 34-9-3. Applicability of Chapter to Employers and Employees — Public Employees Generally
§ 34-9-4. Applicability of Chapter to Employers and Employees — Employees of Planning Commissions
§ 34-9-8. Liability of Principal Contractor or Subcontractor for Employee Injuries
§ 34-9-9. Relief From Penalty for Failure or Neglect to Perform Statutory Duty
§ 34-9-10. Relief of Employer From Obligations Under Chapter
§ 34-9-16. Settlement of Questions if Approved Agreement Cannot Be Reached
§ 34-9-17. Grounds for Denial of Compensation; Burden of Proof in Establishing Grounds for Denial
§ 34-9-18. Civil Penalties; Costs of Collection
§ 34-9-19. Penalty for False or Misleading Statements When Obtaining or Denying Benefits
§ 34-9-20. Giving of False Evidence to Board Member
§ 34-9-21. Penalty for Receiving Unentitled to Benefits