2022 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers’ Compensation
Article 1 - General Provisions
§ 34-9-1. Definitions

As used in this chapter, the term:

1. “Board” means the State Board of Workers’ Compensation.
2. “Employee” means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include such employee’s legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, for volunteer law enforcement services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Public Health or the Georgia Composite Medical Board and registered with any county or municipality of this state as a medical first responder for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of such county shall provide therefor by appropriate resolution. For the purposes of workers’ compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia and employees of community service boards established under Chapter 2 of Title 37 shall be considered to be employees of the state. For the purpose of workers’ compensation coverage, members of the Georgia National Guard and the State Defense Force serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers’ Compensation as provided in Code Section 34-9-2.1. For purposes of this chapter, an owner-operator as such term is defined in Code Section 40-2-87 shall be deemed to be an independent contractor. Inmates or persons participating in a work release program, community service program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for private gain in violation of Code Section 42-1-5 or Code Section 42-3-50 or unless the municipality or county had voluntarily established a policy, on or before January 1, 1993, to provide workers’ compensation benefits to such individuals. Individuals who are parties to a franchise agreement as set out by the Federal Trade Commission franchise disclosure rule, 16 C.F.R. 436.1 through 436.11, shall not be deemed employees for purposes of this chapter.
3. “Employer” shall include the State of Georgia and all departments, instrumentalities, and authorities thereof; each county within the state, including its school district; each independent public school district; any municipal corporation within the state and any political division thereof; any individual, firm, association, or public or private corporation engaged in any business, except as otherwise provided in this chapter, and the receiver or trustee thereof; any electric membership corporation organized under Article 4 of Chapter 3 of Title 46 or other cooperative corporation engaged in rural electrification, including electric refrigeration cooperatives; any telephone cooperative organized under Part 3 of Article 2 of Chapter 5 of Title 46 or other cooperative or nonprofit corporation engaged in furnishing telephone service; the legal representative of a deceased employer using the service of another for pay; and 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. If the employer is insured, this term shall include his insurer as far as applicable.
4. “Injury” or “personal injury” means only injury by accident arising out of and in the course of the employment and shall not, except as provided in this chapter, include a disease in any form except where it results naturally and unavoidably from the accident. Except as otherwise provided in this chapter, “injury” and “personal injury” shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condition shall no longer meet this criteria when the aggravation ceases to be the cause of the disability. “Injury” and “personal injury” shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall “injury” and “personal injury” include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, stroke, or thrombosis unless it is shown by a preponderance of competent and credible evidence, which shall include medical evidence, that any of such conditions were attributable to the performance of the usual work of employment. Alcoholism and disabilities attributable thereto shall not be deemed to be “injury” or “personal injury” by accident arising out of and in the course of employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be “injury” or “personal injury” by accident arising out of and in the course of employment except when such addiction or disability resulted from the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician. Notwithstanding any other provision of this chapter, and solely for members of the Georgia National Guard and State Defense Force, an injury arising in the course of employment shall include any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty.

History. Ga. L. 1920, p. 167, §§ 2, 45; Ga. L. 1922, p. 185, § 1; Code 1933, §§ 114-101, 114-102; Ga. L. 1943, p. 401, § 1; Ga. L. 1946, p. 103; Ga. L. 1950, p. 324, § 1; Ga. L. 1950, p. 404, § 1; Ga. L. 1952, p. 167, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 526, § 1; Ga. L. 1958, p. 183, § 1; Ga. L. 1963, p. 141, § 1; Ga. L. 1964, p. 675, § 1; Ga. L. 1967, p. 633, § 1; Ga. L. 1968, p. 1163, § 1; Ga. L. 1970, p. 196, § 1; Ga. L. 1970, p. 235, § 1; Ga. L. 1973, p. 232, § 1; Ga. L. 1975, p. 190, § 1; Ga. L. 1975, p. 1231, § 1; Ga. L. 1978, p. 2220, § 1; Ga. L. 1980, p. 1145, § 1; Ga. L. 1981, p. 842, § 1; Ga. L. 1981, p. 1585, § 1; Ga. L. 1982, p. 2360, §§ 1, 3; Ga. L. 1982, p. 2485, §§ 0.5, 5.5; Ga. L. 1983, p. 3, § 25; Ga. L. 1984, p. 816, § 1; Ga. L. 1987, p. 1038, § 1; Ga. L. 1987, p. 1110, § 1; Ga. L. 1988, p. 1679, § 0.5; Ga. L. 1990, p. 1501, § 1; Ga. L. 1991, p. 94, § 34; Ga. L. 1991, p. 677, § 1; Ga. L. 1991, p. 1850, § 1; Ga. L. 1992, p. 1942, § 1; Ga. L. 1993, p. 491, § 1; Ga. L. 1994, p. 97, § 34; Ga. L. 1994, p. 887, § 1; Ga. L. 1994, p. 1717, § 2; Ga. L. 1996, p. 1291, § 1; Ga. L. 2000, p. 794, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2009, p. 859, § 2/HB 509; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2012, p. 685, § 1/HB 548; Ga. L. 2015, p. 422, § 5-53/HB 310.

The 1990 amendment, effective July 1, 1990, in paragraph (2) substituted “otherwise” for “herein after” near the middle of the first sentence, substituted “firemen, policemen, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations” for “firemen and policemen” in the third sentence, combined the former fourth and fifth sentences so as to constitute the present fourth sentence while adding all of the present language thereof following “such volunteer law enforcement personnel”.

The 1991 amendments. —

The first 1991 amendment, effective March 14, 1991, part of an Act to correct errors and omissions in the Code, substituted “otherwise provided in this chapter,” for “hereinafter provided,” near the middle of paragraph (3). The second 1991 amendment, effective July 1, 1991, in paragraph (2), substituted “firefighters, law enforcement personnel,” for “firemen, policemen,” near the beginning of the third sentence, substituted “services rendered in such capacity which are not prohibited by Code Section 38-3-36” for “volunteer fire-fighting services rendered to such county or municipality” near the beginning of the fourth sentence, substituted “for volunteer law enforcement services rendered in such capacity which are not prohibited by Code Section 38-3-36” for “but only for volunteer law enforcement services rendered to such county or municipality” near the middle of the fourth sentence, deleted “but only” preceding “for volunteer services” and substituted “in such capacity” for “to such county or municipality” near the middle of the fourth sentence, and substituted “responder for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36” for “responder, but only for first responder services rendered to such county or municipality” near the end of the fourth sentence. The third 1991 amendment, effective July 1, 1991, added the final sentence in paragraph (2).

The 1992 amendment, effective July 1, 1992, deleted “or any other recognized medical books or guides” at the end of paragraph (5).

The 1993 amendment, effective April 5, 1993, in paragraph (2), added the last sentence.

The 1994 amendments. —

The first 1994 amendment, effective February 10, 1994, part of an Act to correct errors and omissions in the Code, in paragraph (2), deleted “of this article” following “34-9-2.1”. The second 1994 amendment, effective July 1, 1994, in paragraph (4), substituted “except as provided in this chapter” for “except as hereinafter provided” in the first sentence, added the second sentence, substituted “and disabilities” for “or disabilities” and deleted “the” before “employment” in the fourth sentence, and substituted “or disabilities resulted from” for “was caused by” in the fifth sentence. The third 1994 amendment, effective April 19, 1994, in paragraph (2), substituted “such employee’s” for “his” in the second sentence and added “and employees of community service boards established under Chapter 2 of Title 37 shall be considered to be employees of the state” to the end of the sixth sentence.

The 1996 amendment, effective July 1, 1996, inserted “stroke,” and “, which shall include medical evidence,” in the third sentence in paragraph (4); and deleted paragraph (5), which read: “In all cases arising under this chapter, any percentage of disability or bodily loss rating shall be based upon ‘Guides to the Evaluation of Permanent Impairment’ published by the American Medical Association”.

The 2000 amendment, effective July 1, 2000, inserted “and the State Defense Force” in the seventh sentence of paragraph (2); and added the last sentence in paragraph (4).

The 2015 amendment, effective July 1, 2015, in paragraph (2), substituted “such county” for “said county” near the end of the fifth sentence, and, in the middle of the tenth sentence, substituted “Code Section 42-3-50” for “Code Section 42-8-70”. See Editor’s notes for applicability.

Code Commission notes.

Ga. L. 2012, p. 685, § 1/HB 548, amended paragraph (2) of this Code section and in so doing omitted without expressing an intent to repeal or modify the amendment made to that paragraph made by Ga. L. 2011, p. 705, § 6-3/HB 214. The two amendments were not irreconcilably conflicting, and the amendment to paragraph (2) of this Code section made by Ga. L. 2011, p. 705, § 6-3/HB 214, was treated as not having been repealed by Ga. L. 2012, p. 685, § 1/HB 548.

Cross references.

Exemption of corporate officer from coverage, § 34-9-2.1 .

Compensation for permanent partial disability, § 34-9-263 .

Compensation schedules, T. 34, C. 9, Art. 7.

State defense force, § 38-2-50 et seq.

Editor’s notes.

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews.

For comment on United States Fid. & Guar. Co. v. Stapleton, 37 Ga. App. 707 , 141 S.E. 506 (1928), see 1 Ga. B. J. 53 (1927).

For comment on United States Cas. Co. v. Richardson, 75 Ga. App. 496 , 43 S.E.2d 793 (1947), see 10 Ga. B. J. 374 (1948).

For comment on American Mut. Liab. Ins. Co. v. Benford, 77 Ga. App. 93 , 47 S.E.2d 673 (1948), see 11 Ga. B. J. 79 (1948).

For comment on McKiney v. Reynolds & Manley Lumber Co., 79 Ga. App. 826 , 54 S.E.2d 471 (1949), see 12 Ga. B. J. 208 (1949).

For comment on Hanson v. Globe Indem. Co., 85 Ga. App. 179 , 68 S.E.2d 179 (1951), see 14 Ga. B. J. 484 (1952).

For comment on Bibb Mfg. Co. v. Cowan, 85 Ga. App. 816 , 70 S.E.2d 386 (1952), see 4 Mercer L. Rev. 216 (1952).

For comment on City of Brunswick v. Edenfield, 87 Ga. App. 434 , 74 S.E.2d 133 (1953), see 15 Ga. B. J. 499 (1953).

For comment on Lockheed Aircraft Corp. v. Marks, 88 Ga. App. 167 , 76 S.E.2d 507 (1953), see 16 Ga. B. J. 215 (1953).

For comment on Delta C. & S. Airlines v. Perry, 94 Ga. App. 107 , 93 S.E.2d 771 (1956), see 19 Ga. B. J. 235 (1956).

For comment on Ladson Motor Co. v. Croft, 212 Ga. 275 , 92 S.E.2d 103 (1956), see 19 Ga. B. J. 237 (1956).

For comment on Commissioners of Rds. & Revenue v. Davis, 213 Ga. 792 , 102 S.E.2d 180 (1958), see 20 Ga. B. J. 540 (1958).

For comment on Thomas v. United States Cas. Co., 218 Ga. 493 , 128 S.E.2d 749 (1962), see 26 Ga. B. J. 126 (1963).

For comment criticizing Pike v. Maryland Cas. Co., 107 Ga. App. 49 , 129 S.E.2d 78 (1962), see 26 Ga. B. J. 131 (1963).

For comment on Employers Ins. Co. v. Wright, 108 Ga. App. 380 , 133 S.E.2d 39 (1963), see 1 Ga. St. B. J. 123 (1964).

For comment on Commercial Constr. Co. v. Caldwell, 111 Ga. App. 1 , 140 S.E.2d 298 (1965), see 2 Ga. St. B. J. 135 (1965).

For comment criticizing Brady v. Royal Mfg. Co., 117 Ga. App. 312 , 160 S.E.2d 424 (1968), see 20 Mercer L. Rev. 473 (1969).

For comment on Golosh v. Cherokee Cab Co., 226 Ga. 636 , 176 S.E.2d 925 (1970), see 22 Mercer L. Rev. 497 (1971).

For comment on General Fire & Cas. Co. v. Bellflower, 123 Ga. App. 864 , 182 S.E.2d 678 (1971), see 23 Mercer L. Rev. 449 (1972).

For comment criticizing Wilkie v. Travelers Ins. Co., 124 Ga. App. 714 , 185 S.E.2d 783 (1971), see 23 Mercer L. Rev. 703 (1972).

For comment, “The Rights of the Lent Servant Against the General or Special Employer,” in light of Forrester v. Scott, 125 Ga. App. 245 , 187 S.E.2d 323 (1972), and United States Fid. & Guar. Co. v. Forrester, 126 Ga. App. 762 , 191 S.E.2d 787 (1972), see 9 Ga. St. B. J. 556 (1973).

For article discussing term “arising out of and in the course of employment,” see 14 Ga. St. B. J. 92 (1977).

For article discussing injury as a result of aggravation, see 14 Ga. St. B. J. 135 (1978).

For article surveying 1978 amendments to workers’ compensation law, see 15 Ga. St. B. J. 35 (1978).

For note discussing compensation under this chapter for original injuries aggravated by subsequent injury, continued employment, or ordinary activity, see 31 Mercer L. Rev. 325 (1979).

For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

For article surveying developments in Georgia workers’ compensation law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 323 (1981).

For survey article on workers’ compensation, see 34 Mercer L. Rev. 335 (1982).

For comment, “Georgia’s Mental Block in Workers’ Compensation,” see 36 Mercer L. Rev. 971 (1985).

For annual survey of workers’ compensation, see 38 Mercer L. Rev. 431 (1986).

For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 109 (1992).

For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 285 (1992).

For note on 1993 amendment of this article, see 10 Ga. St. U.L. Rev. 152 (1993).

For review of 1996 workers’ compensation legislation, see 13 Ga. St. U.L. Rev. 233 (1996).

For article, “Sexual Harassment Claims Under Georgia Law,” see 6 Ga. St. B. J. 16 (2000).

For article, “Workers’ Compensation,” see 53 Mercer L. Rev. 521 (2001).

For survey article on workers’ compensation law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).

For article, “Post-Creation Checklist for Georgia Business Entities,” see 9 Ga. St. B. J. 24 (2004).

For annual survey of law of worker’s compensation, see 56 Mercer L. Rev. 479 (2004).

For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).

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 survey article on workers’ compensation law, see 60 Mercer L. Rev. 433 (2008).

For annual survey on workers’ compensation, see 61 Mercer L. Rev. 399 (2009).

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

For annual survey on workers’ compensation, see 64 Mercer L. Rev. 341 (2012).

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

For annual survey of workers’ compensation, see 67 Mercer L. Rev. 287 (2015).

For annual survey on decisions impacting workers’ compensation, see 69 Mercer L. Rev. 357 (2017).

For annual survey on workers’ compensation, see 70 Mercer L. Rev. 289 (2018).