Key Takeaways
- Georgia requires workers' compensation for employers with 3 or more employees
- Workers' compensation is administered by the State Board of Workers' Compensation
- Georgia uses the exclusive remedy doctrine—workers comp is the sole remedy against employers
- Benefits include medical care, income benefits, and death benefits
- Georgia allows self-insurance for qualified employers
Georgia Workers' Compensation Insurance
Georgia has a mandatory workers' compensation system for qualifying employers.
Mandatory Coverage
Georgia workers' compensation is mandatory for most employers:
Coverage Requirements
| Employer Type | Coverage Required |
|---|---|
| 3 or more employees | MANDATORY |
| 1-2 employees | Optional |
| Agricultural employers | Special rules apply |
| Domestic workers | Special rules apply |
| Corporate officers | Covered unless excluded |
Exam Tip: Georgia requires workers' compensation when an employer has 3 or more employees. This differs from Texas where it's entirely voluntary for private employers.
Who Must Be Covered
- Full-time employees
- Part-time employees
- Seasonal employees
- Temporary employees
- Independent contractors performing employee work
Exemptions
Certain categories may be exempt:
- Farm laborers (in some cases)
- Domestic servants (in some cases)
- Railroad workers (covered by FELA)
- Maritime workers (covered by LHWCA)
- Sole proprietors and partners (may opt in)
State Board of Workers' Compensation
The State Board of Workers' Compensation (SBWC) administers Georgia's system:
SBWC Functions
- Adjudicate workers' compensation disputes
- Certify employers and insurers
- Monitor system compliance
- Maintain injury reporting database
- Approve self-insurance
Administrative Structure
- Executive Director appointed by Board
- Administrative Law Judges hear disputes
- Full Board for appeals
- Superior Court for further appeals
Exclusive Remedy Doctrine
Georgia follows the exclusive remedy doctrine:
How It Works
| Feature | Description |
|---|---|
| Exclusive Remedy | WC is sole remedy against employer |
| No Lawsuit | Employee cannot sue employer for negligence |
| Trade-Off | Employee gets benefits; employer gets liability protection |
| Exceptions | Intentional torts, third-party claims |
Exceptions to Exclusive Remedy
Employees may sue employer in limited cases:
- Intentional injury by employer
- Fraudulent concealment of injury cause
- Third-party claims (manufacturers, property owners)
- Dual capacity situations
Obtaining Coverage
Georgia employers have options for coverage:
Coverage Options
| Option | Description |
|---|---|
| Private Insurance | Purchase from admitted insurer |
| Self-Insurance | Large employers with SBWC approval |
| Assigned Risk Pool | For employers unable to obtain coverage |
Assigned Risk Pool
Georgia maintains an assigned risk pool for:
- Employers declined by voluntary market
- High-risk industries
- Employers with poor loss history
- New employers with limited experience
Benefits
Workers' compensation provides these benefits:
Benefit Types
| Benefit | Description |
|---|---|
| Medical Care | All reasonable medical treatment |
| Temporary Total Disability (TTD) | 2/3 of average weekly wage (up to max) |
| Temporary Partial Disability (TPD) | 2/3 of wage difference |
| Permanent Partial Disability (PPD) | Schedule of benefits by injury type |
| Permanent Total Disability (PTD) | 2/3 of AWW for 400 weeks |
| Death Benefits | To dependents |
Benefit Calculations
- TTD: 2/3 of pre-injury average weekly wage
- Maximum and minimum weekly amounts set by law
- 7-day waiting period before income benefits
- Medical benefits have no limit
- 400-week maximum for PTD (with exceptions)
Fraud Prevention
Georgia actively combats workers' compensation fraud:
Types of Fraud
- Employee fraud (false claims)
- Employer fraud (misclassification, non-coverage)
- Provider fraud (billing fraud)
Penalties
- Criminal prosecution
- Civil fines
- License revocation
- Restitution
How many employees must a Georgia employer have before workers' compensation is mandatory?
What is the exclusive remedy doctrine in Georgia workers' compensation?