Workers' Compensation Law Summaries
Georgia, Workers' Compensation Law Summaries
Georgia's workers' compensation law is located in the Official Code of Georgia Annotated at Title 34.
COVERAGE
Workers' compensation coverage is compulsory for employers of three or more in Georgia (Sec. 34-9-2). Coverage is elective for active partners, sole proprietors (Sec. 34-9-2.2) and farm employers (Sec. 34-9-2.3). Coverage is compulsory for employees of the state, counties, municipal corporations and political subdivisions, including school districts and certain volunteer firefighters, volunteer emergency responders and volunteer law enforcement personnel (Sec. 34-9-1). Planning commissions may elect coverage (Sec. 34-9-4).
EXCEPTIONS
Coverage is not required for farm laborers, domestics, railroad employees, casual laborers and licensed real estate salespersons and brokers (Sec. 34-9-2). A corporate officer or member of a limited liability company may elect to be exempt from coverage, subject to a maximum limit of five persons (Sec. 34-9-2.1).
WHAT THE EMPLOYER MUST DO
Insurance choices.- Electing employers must insure through self-insurance, group self-insurance or by purchasing insurance coverage from a private insurance carrier (Secs. 34-9-120 and 121). Workers' compensation health benefits pilot projects are authorized (Sec. 34-9-122.1).
Waiting period.- No workers' compensation benefits are payable for the first seven days of a disability, including the day of injury. If the employee remains disabled for 21 consecutive days following an injury, benefits are paid for the first seven days (Sec. 34-9-220).
Reports and records.- Every employer covered by the workers' compensation law must keep a record of all employee injuries. Within ten days after notice of an injury, the employer must mail a written report to the board. The employer must also file a report with the board when the employee's disability ends (Sec. 34-9-12).
Choice of physician.- Employers must furnish medical, surgical and hospital care and other treatments which are reasonably required and appear likely to effect a cure, give relief or restore the employee to employment (Secs. 34-9-200 and 34-9-201)
In the event of a catastrophic injury, the employer must furnish rehabilitation services (Sec. 34-9-200.1).
The employer must maintain a list of at least six physicians or professional associations or corporations of physicians who are reasonably accessible to employees (The Panel of Physicians). At least one of the physicians must specialize in orthopedic surgery. Not more than two industrial clinics may be included on the panel. An employee may accept the services of a physician selected by the employer from the panel or may select another physician from the panel. The selected physician may arrange for any consultation, referral and extraordinary or other specialized medical services, as the nature of the injury requires, without prior authorization from the State Board of Workers' Compensation (the Board). But no medical practitioner providing services by referral from the panel physician may arrange for additional referrals. The employee may make one change from one physician to another on the same panel without prior authorization of the Board.
The employer may maintain a list of physicians in conformity with the guidelines and criteria established and contained in the Rules and Regulations of the State Board of Workers' Compensation (Conformed Panel of Physicians). An employee may obtain the services of any physician on the panel without prior authorization of the board. The physician selected will become the primary authorized treating physician and may arrange for any consultation, referral and extraordinary or other specialized medical services, as the nature of the injury requires, without prior authorization from the Board. But no medical practitioner providing services by referral from the panel physician may arrange for additional referrals.
A self-insured employer or an insurer may contract with a state-certified managed care organization for medical services to be provided to injured employees (Managed Care Organization Procedures). The contract governs the medical services injured employees will receive, but the contract must comply with Sec. 34-9-208. Self-insured employers and insurers that contract with a managed care organization for medical care services must give notice to employees of the eligible medical service providers and other information regarding the contract and manner for receiving medical services, as prescribed by the Board.
Upon the request of an employee, employer or on its own motion, the Board may order a change of physician or treatment and designate other treatment or another physician. An order for a change of physician must be preceded by written notice of the request to all interested parties, allowing 15 days from the date of notice for any interested party to file written objections. If a change is made, the expense is borne by the employer (Secs. 34-9-200 and 34-9-201).
Premium discounts.- If an employee implements a drug-free workplace program and certifies it annually, the employer can qualify for a premium discount on its workers' compensation coverage (Sec. 33-9-40.2).
Drug and alcohol use.- No compensation benefits are allowed for a work-related injury or death that results from the injured employee being intoxicated or under the influence of marijuana or a nonprescribed, controlled substance.
If the amount of alcohol in the employee's blood within three hours of the time of the accident is 0.08 grams or greater, there is a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol.
If any amount of marijuana or a controlled substance is found in the employee's blood within eight hours of the time of the accident, there is a rebuttable presumption that the accident and injury or death were caused by the ingestion of marijuana or the controlled substance.
If the employee unjustifiably refuses to submit to a test to determine the presence of alcohol, marijuana or a controlled substance, there is a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol or by the ingestion of marijuana or a controlled substance (Sec. 34-9-17).
Drug-free workplace.- See ¶11-8600 .
NOTICE
Notice by the employee is required to be given to the employer within 30 days of an injury; failure of notice is excusable (Sec. 34-9-80).
Within 30 days of making the final compensation payment, the employer must send a notice to the board (Sec. 34-9-221).
Any TV advertisement originating in the state which solicits persons to file claims or to engage or consult an attorney or medical provider for giving consideration to a claim or to market workers' compensation insurance must contain a specific notice concerning the penalties for false or misleading statements (Sec. 34-9-31).
See also WHAT THE EMPLOYER MUST DO, above.
POSTING
An employer must post its Panel of Physicians or Conformed Panel of Physicians or Managed Care Organization Procedures in prominent places on the business premises (Sec. 34-9-201).
Notice of the employer's substance abuse testing policy must also be posted in an appropriate and conspicuous location on the employer's premises (Sec. 34-9-414).
Additionally, employers may be required to post a list of employee assistance providers in the area in a conspicuous place (Sec. 34-9-416).
See also ¶11-9900 .
PENALTIES
Any employer who refuses or willfully neglects to make the required injury report is subject to a penalty of up to $10 for each instance (Sec. 34-9-12).
Any person who willfully fails to file any required form or report, fails to follow any order or violates any rule of the board can be assessed a civil penalty of not less than $100 nor more than $1,000 per violation.
Any person who knowingly and intentionally makes any false or misleading statement or representation in an attempt to obtain or deny benefits or payments may be subject to a civil penalty of not less than $1,000 nor more than $10,000 per violation.
The board may assess an additional penalty of not less than $500 nor more than $5,000 for an employer's failure to secure compensation or failure to file evidence of securing compensation (Sec. 34-9-18).
The penalty for false or misleading statements can include imprisonment of up to 12 months and assessment of the cost of investigation or prosecution (Sec. 34-9-19).
Any person who, with the intent to defraud, receives and retains income benefits to which the person is not entitled may be fined not less than $1,000 nor more than $10,000 and may be imprisoned up to one year (Sec. 34-9-21).
The penalty for receiving unapproved fees or for soliciting employment for a lawyer or physician is up to $5,000 and/or imprisonment for up to one year (Sec. 34-9-22).
CONTACTS
Georgia State Board of Workers' Compensation, 270 Peachtree Street NW, Atlanta, GA 30303-1299, 404-656-2048.
<p>Georgia State Board of Workers' Compensation, 270 Peachtree Street NW, Atlanta, GA 30303-1299, 404-656-2048.</p>