Workers' Compensation in Georgia

This is general information, not legal advice. Workers’ compensation rules are technical and deadlines are strict — talk to a Georgia workers’ compensation attorney promptly.

Georgia’s workers’ compensation system requires most employers to carry coverage so that injured workers receive medical care and wage-replacement benefits without having to prove fault. Here is how the system works.

Coverage: Who Is Protected

Georgia workers’ comp applies to any employer that regularly employs 3 or more employees (O.C.G.A. § 34-9-2). Farm laborers, domestic servants, and casual employees are generally exempt, though farm laborers may voluntarily elect coverage. Corporate officers and LLC members can file a written election to be excluded (O.C.G.A. § 34-9-2.1); sole proprietors and partners may elect to be covered (O.C.G.A. § 34-9-2.2).

In the construction industry, a general contractor becomes the statutory employer of a subcontractor’s workers if that subcontractor lacks coverage — meaning even a GC with fewer than 3 direct employees can be liable (O.C.G.A. § 34-9-8).

Read the full guide: Coverage and Who Qualifies

Filing a Claim

You must report your injury to your employer immediately or as soon as practicable; written notice is required within 30 days if you have not given oral notice (O.C.G.A. § 34-9-80). Missing the notice deadline can bar your claim unless your employer had actual knowledge of the injury.

To formally open a claim, file Form WC-14 (Notice of Claim) with the SBWC within 1 year of the accident (O.C.G.A. § 34-9-82). If the employer has already paid medical treatment, the deadline runs from the last date of treatment; if the employer paid weekly benefits, it runs 2 years from the last payment.

Read the full guide: Filing a Workers’ Comp Claim in Georgia

Workers’ Comp Benefits

Georgia workers’ comp provides several types of wage-replacement benefits:

• Temporary Total Disability (TTD): 2/3 of your average weekly wage, up to $800/week (as of July 1, 2023; adjusts annually — confirm current rate at sbwc.georgia.gov), for up to 400 weeks for non-catastrophic injuries and unlimited weeks for catastrophic injuries (O.C.G.A. § 34-9-261).
• Temporary Partial Disability (TPD): 2/3 of the difference between your pre- and post-injury wage, up to $533/week, for up to 350 weeks (O.C.G.A. § 34-9-262).
• Permanent Partial Disability (PPD): Based on your AMA Guides 5th Edition impairment rating multiplied by the statutory weeks for the affected body part (O.C.G.A. § 34-9-263).
• Medical benefits: Your employer pays all reasonable and necessary medical expenses with no dollar or time cap.
• Death benefits: 2/3 of AWW to wholly dependent survivors, plus up to $7,500 in burial expenses (O.C.G.A. § 34-9-265).

Read the full guide: Workers’ Comp Benefits in Georgia

Panel of Physicians and Medical Care

Your employer is required to post a panel of at least 6 physicians, including at least one orthopedic surgeon and no more than two industrial clinics (O.C.G.A. § 34-9-201). You choose your authorized treating physician (ATP) from that panel. You are entitled to one free change to another panel physician without Board authorization. If your employer fails to maintain a valid panel, you may see any physician of your choosing.

Choosing the right ATP is critical — the ATP’s findings on your work restrictions, impairment rating, and maximum medical improvement drive the value of your claim.

Read the full guide: The Panel of Physicians in Georgia Workers’ Comp

Settlements and the SBWC

Workers’ comp cases can be resolved through a Stipulated Settlement, which must be approved by the SBWC Board (O.C.G.A. § 34-9-15). The Board will approve a settlement only when there is a bona fide dispute as to the facts. Once approved, the settlement is final. Settlements can cover both income benefits and future medical expenses, though the terms are negotiable and the tradeoffs can be complex.

The State Board of Workers’ Compensation handles all disputes, hearings, and appeals. Its main office is at 270 Peachtree Street NW, Atlanta, GA 30303; phone: (404) 656-3818 / 1-800-533-0682; website: sbwc.georgia.gov.

Read the full guide: Workers’ Comp Settlements in Georgia

Independent Contractors and Third-Party Claims

Workers’ comp is generally the exclusive remedy against an employer and co-workers for work injuries (O.C.G.A. § 34-9-11) — you cannot also sue your employer in civil court, with a narrow exception for intentional torts.

However, if a third party (such as a negligent driver or a defective-equipment manufacturer) caused or contributed to your injury, you can pursue a separate civil lawsuit against them (O.C.G.A. § 34-9-11.1). Your employer holds a subrogation lien on any third-party recovery, but can only collect after you have been fully compensated.

If you believe you were misclassified as an independent contractor, the right-to-control test (O.C.G.A. § 34-9-1) determines your true status — a written IC contract does not automatically establish independent-contractor status.

Independent Contractors and Workers’ Comp in Georgia | Third-Party Claims in Georgia Workers’ Comp

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