A roofer's fall working directly for a homeowner

Attorney Answer

Everything here turns on one question that has not been asked yet: were you an employee, or working for yourself?

O.C.G.A. § 34-9-1(4) defines what the system covers:

“Injury” or “personal injury” means only injury by accident arising out of and in the course of the employment…

That definition only helps someone who is an employee. Where a homeowner hires a tradesperson directly, the arrangement is often an independent contract rather than employment, and the label the parties used is not what decides it — the degree of control over how the work was done generally matters more than what anyone called it.

If it was employment, the next problem is that many homeowners carry no workers' compensation at all. Georgia has a mechanism by which certain people are excluded from coverage, and O.C.G.A. § 34-9-2.1 makes the point that such an election has to be properly filed to take effect — which cuts both ways when nobody filed anything.

If it was not employment, the route is ordinary negligence against whoever created or failed to warn of the hazard, which is a different claim with a different deadline and requires showing someone was actually at fault.

Either way, a homeowner's own liability policy is worth identifying early. It is frequently the only source of payment in this situation.

What you can do

1. Write down exactly how the work was arranged: who set the hours, who supplied the materials and tools, who directed the method. 2. Find any text messages, quote or invoice — they are the best evidence of the arrangement. 3. Ask the homeowner in writing whether they carry workers' compensation and homeowner's liability cover. 4. Keep every medical record from both operations and any note about your ability to work. 5. Speak to a Georgia attorney quickly, because the deadline depends on which route applies.

⏱ Time limits apply. Georgia sets deadlines for every kind of claim and they are shorter than most people expect. Confirm the one that governs your situation with a Georgia attorney before assuming there is time.

A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.