The national guide explains the workers' compensation bargain and the standard policy (Part One statutory benefits, Part Two employers liability). Georgia's Workers' Compensation Act is O.C.G.A. Title 34, Chapter 9. Claims are handled by the State Board of Workers' Compensation, and insurers are regulated by the Commissioner of Insurance.

Coverage and the market

• Who must cover: employers with three or more regular employees in Georgia. Smaller employers may elect coverage (34-9-2).
• Not covered: farm laborers, domestic servants, railroad common carriers, and employees not in the employer's usual business. Minors are covered even if working in violation of child labor laws.
• Sole proprietors and partners may elect coverage by notifying the insurer (34-9-2.2).
• Independent contractors must have a contract for that relationship, control over the time and method of work, and be paid by the job rather than by salary or hour (34-9-2(e)).
• Securing coverage: buy from a licensed insurer, or prove to the Board the financial ability to self-insure (34-9-121). Willfully failing to file proof of coverage is a misdemeanor, and the Board may raise compensation 10% plus attorney fees (34-9-126).
• Competitive rates:
  • Each insurer makes its own rate filing, based on its Georgia experience and updated at least every two years (33-9-21(a)(2)).
  • All insurers use the rating organization's classification plan (Rule 120-2-37).
• Assigned risk plan: available when four insurers refuse in writing. Plan policies say "Georgia Workers' Compensation Assigned Risk Plan" in bold (34-9-133).
• Policy promise: the policy must promise to pay benefits promptly, even if the employer defaults (34-9-124).
• Notice: cancellation or nonrenewal of a workers' comp policy needs 75 days' notice (33-24-47(f)).
• Exclusive remedy: the Act replaces the employee's other remedies against the employer. Suits against third parties remain available (34-9-11).

Compensability

• No compensation for willful misconduct, intentionally self-inflicted injury, trying to injure another, or willful refusal to use required safety equipment (34-9-17).
• Alcohol: a blood alcohol level of 0.08 or more within three hours creates a rebuttable presumption that alcohol caused the injury. Refusing a test creates the same presumption.

Benefits

• The first income payment is due on the 21st day after the employer learns of the injury.
• Late payments: payments made without an award carry an extra 15%. Payments under an award that are more than 20 days late carry 20% (34-9-221).

Deadlines

• Notice of injury: oral or written notice to the employer within 30 days (34-9-80).
• Claim: filed within one year of the injury, with extensions measured from the last medical treatment or weekly payment (34-9-82).

Guaranty

• Georgia Insurers Insolvency Pool's $300,000 cap applies to third-party claims other than workers' comp (33-36-3).

Exam traps

• Coverage is required at 3 or more employees.
• 7-day waiting period, paid back after 21 days.
• TTD is two-thirds of wages for up to 400 weeks. TPD lasts up to 350 weeks. Burial pays up to $7,500.
• Notice of injury: 30 days. Claim: 1 year. Policy cancellation notice: 75 days.