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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.
Georgia State Board of Workers' Compensation.270 Peachtree Street, NWAtlanta, Georgia 30303-1299800-656-2298
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.
Civil penalties and criminal provisions include:
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.
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 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 Shop.com is authorized to quote State Fund insurance coverage in Georgia with NCCI.
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
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
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.
No current state orders.
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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.
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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.
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