How does workers' comp work in Georgia?

Workers compensation insurance coverage begins the first day of employment in Georgia. Generally, employers with three or more full or part-time employees are required by law to provide workers' comp coverage. Employers with less than 3 employees may still be held liable to pay claims associated with injured workers.

An employer who fails to provide work comp coverage, as required by law, shall be held responsible for compensable injuries in the same manner as an employer having coverage. In addition, the Georgia Board of Workers Compensation may assess attorney’s fees, civil penalties, and a 10% increase in compensation to the employee, if the employer refuses or willfully neglects to purchase insurance.

Workers' Comp Rules & Information for Georgia

Workers Compensation Regulations in Georgia

Georgia State Board of Workers' Compensation.
270 Peachtree Street, NW
Atlanta, Georgia 30303-1299

The state Board is responsible for the oversight of workers compensation insurance in Georgia. They also investigate suspected workers compensation fraud. They have the authority to assess civil penalties up to $10,000 for any violations involving fraud.

Georgia Workers' Comp Penalties

Civil penalties and criminal provisions include:

  • Any person who willfully fails to file any form or report required by the Board, fails to follow any order of the Board, or violates any rule or regulation of the Board shall be assessed a civil penalty of not less than $100.00 or more than $1,000.00 per violation.
  • Any person who knowingly and intentionally makes any false or misleading statements for the purpose of obtaining or denying benefits or payment under the law may be assessed a civil penalty of not less than $1,000.00 or more than $10,000 per violation.
  • The Georgia Board may assess a civil penalty of not less than $500.00 or more than $5,000.00 per occurrence for violation of an employer’s duty to provide coverage under GA workers’ compensation laws.
  • Employers refusing or neglecting to secure insurance coverage as required by law shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $1,000.00 or more than $10,000.00 or imprisonment not to exceed 12 months, or both.
  • Notice of Injury in GA

    Workers’ compensation law in Georgia requires both the employee and employer to report all work-related injuries. The law, in general, requires that an employee report an injury to the employer within 30 days after the occurrence of the injury. The Act requires the employer to question employees regarding the nature and cause of the injury. If the employee was prevented from giving notices due to physical or mental incapacity or due to fraud or deceit on the part of the employer, an exception may be made. The Board requires written notification from the employer within 21 days after notice of an injury that causes an employee’s absence from work for more than seven calendar days.

    GA Workers' Comp Panel of Physicians

    Georgia law requires an employer must post a Panel of Physicians from whom injured employees can seek treatment. This list of physicians must be placed in at least one prominent place on the business premises and reasonable measures must be taken to ensure that employees understand the function of the panel and their rights with regard to the selection of a doctor. Employees are also to be given appropriate assistance in contacting panel physicians when necessary.

    If medical treatment is necessary, the employee has the right to choose a physician from the panel. This physician becomes the employee’s authorized treating physician. The authorized treating physician may arrange for any consultation, referral or other specialized medical services required to treat the employee’s injury. As of July 1, 1994, a referral physician my not refer treatment to another physician. If the employee becomes dissatisfied with the original choice from the panel, he or she may make one change to another panel physician. Any further changes require approval of the employer or the Board.

    Failure to comply with these rules may result in the employee having the freedom to select any physician he/she chooses to provide the employee with care for his her injuries, and may result in an assessment of penalties and attorney’s fees against the employer.

    Georgia State Fund Insurance

    Georgia does not have its own State Fund program. Like many other states, Georgia utilizes the National Council on Compensation Insurance (NCCI) to administer their Assigned Risk Program. Workers Compensation is authorized to quote State Fund insurance coverage in Georgia with NCCI.

    Georgia Contractors and Workers' Comp

    Any contractor on construction company who hire subcontractors in Georgia may be held liable for workers compensation insurance premium associated with those subcontractors who do not obtain workers compensation insurance coverage. We advise all companies that hire subs to require a Certificate of Insurance naming their company as Additionally Insured

    GA Online Workers' Comp Verification

    Georgia maintains an online verification tool designed to help employers and consumers verify that a company has an active workers compensation insurance policy. Link to the Online Verification site below:

    Georgia Workers Compensation Verification

    Georgia Insurance Directives Regarding Covid-19

    All P&C insurers are prohibited for the next 60 days from canceling any commercial policies *that include* business interruption or business income coverage, due to the non-payment of premium.  This is a revision that supersedes the prior version of this directive.

    Mandatory order in effect from 03/26/2020 - further notice.

    State Orders Regarding Insurance Claims Related to Coronavirus

    No current state orders.

    Specialized Programs for Select Industries

    We work with our national insurance partners to develop targeted programs with easier underwriting requirements and lower rates. We offer a broad range of business class codes that help streamline the quote process so you get the lowest price for coverage.

    Knowing the Georgia workers comp requirements can help lower the cost of coverage.

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    Georgia Work Comp Information

    Georgia Exclusive Remedy

    employers who have workers compensation in Georgia are protected under Exclusive Remedy. This means that employees can't sue the employer for additional damages or benefits not otherwise covered under the insurance policy.

    Let Workers Compensation help your Georgia business find the most affordable insurance quotes in Georgia.

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    Workers' Comp Includes Employers Liability Insurance?

    Employers liability insurance is an additional layer of coverage included as part of a workers' compensation insurance policy. Employers Liability is known as Part 2 of the policy. It adds two additional coverages for employers:

    Employers Legal Liability and Legal Defense Costs

    In today's world, there are a variety of reasons employees and third-parties sue employers for damages. Here a some common types covered by employers liability insurance:

    Third Party Lawsuits

    Your employee sues another party that may have contributed to the injury, In turn, the third party sues your business.

    Consequential Bodily Injury

    Another party or individual is injured while providing care for the injured employee.

    Dual Capacity Legal Action

    An employee files a claim but also attempts to sue the employer for being responsible in other ways outside of the employment relationship.

    Loss of Consortium

    A spouse sues for damages caused by the loss of companionship or relations.

    Employers Liability coverage is not included with coverage in the four monopolistic states. Employers in these states can endorse this coverage onto their General Liability policy. That coverage is commonly known as Stop Gap Coverage.

    Workers' Comp Covers GA Employers from Injury Related Expenses & Lawsuits
    Employers liability insurance is included under a workers' comp policy in most states.
    • Employers liability coverage is not included in all monopolistic states.
    • All NCCI and most other states' coverage includes employers liability insurance.
    Visit NCCI for more resources and information about workers' compensation class codes. Visit United States Department of Labor for more information about government agencies managing workers compensation insurance rates.

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