O.C.G.A. § 34-7-44 (2019)
Employer exemptions from liability void; allowable setoffs
Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier by railroad to exempt itself from any liability created by Code Sections 34-7-41 through 34-7-43, shall, to that extent, be void; provided, however, that in any action brought against any such common carrier by railroad under or by virtue of any of such Code sections such common carrier may set off therein any sum it has contributed or paid to any insurance, relief, benefit, or indemnity that may have been paid to the injured employee or, in the event of death, to the person or persons entitled thereto on account of the injury or death for which said action is brought.
History
(Ga. L. 1909, p. 160, § 4; Civil Code 1910, § 2785; Code 1933, § 66-404.)
Annotations
JUDICIAL DECISIONS Constitutionality of section. - Section did not violate U.S. Const., amend. 14. Washington v. Atlantic Coast Line R.R., 136 Ga. 638, 71 S.E. 1066, 38 L.R.A. (n.s.) 867 (1911). Cited in Louisville & N.R.R. v. Brad-
ford, 135 Ga. 522, 69 S.E. 870 (1910); Houser v. Savannah Elec. Co., 9 Ga. App. 766, 72 S.E. 276 (1911); Massee & Felton Lumber Co. v. Georgia & F. Ry., 12 Ga. App. 436, 77 S.E. 366 (1913).
RESEARCH REFERENCES Am. Jur. 2d. - 32B Am. Jur. 2d, Federal Employers’ Liability and Compensation Acts, §§ 8, 9. ALR. - Independent contractor: remedial rights in respect of injuries caused by breaches of positive duties correlative to corporate franchises, 28 ALR 122. Right of setoff as between proceeds of
life insurance and indebtedness of insured to insurer, 101 ALR 1517. Release or contract after injury as affected by provision of Federal Employers’ Liability Act invalidating contract, rule, or device to exempt carrier from liability, 166 ALR 648. Validity, construction, and effect of
agreement, in connection with real-estate lease or license by railroad, for exemption from liability or for indemnification by
lessee or licensee, for consequences of railroad’s own negligence, 14 ALR3d 446.