To Obtain A Cheap Work Comp Quote For Your Company Provide Us With The Following Information:

1.    Your "Declarations" Page from your Current Workers Compensation insurance policy.
	Sample Declaration pages
2. Your most current " Experience Modification Worksheet"
	Sample Experience Modification Worksheets
	What to do if you can't find yours
3. Your loss runs from the last 3 years
	What are Loss Runs/How to Obtain

Georgia Workers Compensation Insurance Guideline Summary

What is Georgia Workers Compensation Insurance, and how does it apply to Georgia employers?

The Georgia Work Comp Act requires Georgia employers to provide immediate medical care and related disability payments or death benefits for injuries sustained by Georgia workers while on the job. Georgia employers must ensure payment of all mandated benefits. An approved Georgia workers compensation insurance policy provides all the benefits required within the act. Employers can either provide an approved Georgia work comp policy, or be prepared to pay out-of-pocket for any workers comp benefits and injured employee may be entitled to. By securing a Georgia work comp insurance policy the Georgia work comp act shields the employer from most tort liability that may result from employee injuries. Without an approved Georgia worker compensation insurance policy the employer has no protection from tort liability. An injured employee would be entitled to sue the employer for damages. Georgia employers desiring workers compensation insurance should contact a Cheap Work Comp affiliate.

What Georgia Employers must provide Georgia Work Comp insurance?

A Georgia employer can be an individual, partnership, LLC, firm, association, or corporation. Any Georgia employer that regularly employs three or more persons, part-time or full-time, is required to provide Georgia work comp coverage. A Georgia employee is defined as any person working full-time or part-time, including a minor, that is under a written or implied contract of hire. Officers of corporations and members of LLCs who are also employees of the company must be counted toward the 3-person threshold even if such officers or members are excluded from the Georgia Workers Compensation Insurance policy.

I have been unable to purchase work comp insurance. What should I do?

Even though Georgia law may require you to carry workers comp insurance, there is no corresponding law requiring insurance companies to sell it to you. Insurance companies are often reluctant to sell work comp insurance to companies that are new in business, involved in inherently dangerous work, or have had a poor loss history. In such cases employers may find their only option is to purchase workers compensation through the state's assigned risk program. A CheapWorkComp.com affiliate can easily secure assigned risk coverage for you.

Who can be excluded from a Georgia Workman’s Comp policy?

A sole proprietor or partner is not considered an employee according to Georgia work comp rules, and so they are automatically excluded from a Georgia workers compensation insurance policy. However, they can elect to be included in the Georgia work comp coverage. To do so they must notify their Georgia workman's comp insurance company using Form WC-10. This form can be obtained from their workerscompensation insurance company or from the Georgia Division of Workers Compensation.

In Georgia corporate officers and members of LLCs are considered employees of a Georgia company. However, they may exempt themselves from coverage. To do so they must notify their Georgia workman's comp insurance company using Form WC-10. As stated previously, excluded officers and LLC members must still counted toward determining the 3-person threshold.

What special obligations do Georgia contractors have with regard to Georgia Workers Compensation regulations?

A Georgia contractor can be made responsible for providing work comp benefits to the employees of a subcontractor if that subcontractor does not have suitable Georgia workman's comp insurance. Georgia work comp law requires the injured employees of a subcontractor to first submit their work comp claim directly to their employer. If the employer does not have appropriate Georgia workers compensation insurance coverage the injured employee can then pass through his employer and submit the claim to the general contractor. The general contractor's workers compensation insurance policy in most cases is required to accept and settle the claim.

It is incumbent upon the general contractor to obtain verifiable proof that subcontractors working beneath him have valid Georgia workers compensation insurance. An Acord Certificate of Liability Insurance is the most common document used to verify work comp coverage. Certificates should be retained for five years.

Workers compensation insurance companies have the right to charge premium against any payments made to subcontractors by general contractors when the general contractor is unable to prove that these same subcontractors had valid workman's compensation insurance during the time the work was performed.

Often, general contractors will withhold from subcontractor payments those monies sufficient to pay any premiums required by the workers compensation insurance company.

Can a Georgia employer provide self-insurance to satisfy the Georgia work comp laws?

Many Georgia employers choose to self insure in order to satisfy the state's workman's comp laws. To do so employers must submit an application to the Georgia Division of Workers Compensation. The applicationmust include three years audited financial statements. A $500.00 application is required. The self insured workers compensation application must be approved by the Georgia Division of Workers Compensation and the Georgia Self-Insurers Guaranty Trust Fund. Once approved a letter of credit or surety bond is required. The amount of the bond will be determined based upon a review of the financial statement and application.

What is the penalty for an employer who fails to comply with Georgia Workers Compensation laws?

If a Georgia employer fails to provide workers compensation insurance as required by Georgia law that employer shall still be responsible for benefits necessary to compensate employees for their work related injuries. Plus the employer could be assessed civil penalties, and legal fees. In addition the Georgia employer could be required to pay the employee and additional 10% over and above compensable benefits.

Simple failure to provide benefits as outlined with the Georgia Workers Compensation act can bring penalties of not less than $500, and asmuch as $5000 per violation. A Georgia employers are guilty of a misdemeanor when they refuse or deliberately neglect to provide workers compensation insurance. Punishment can include fines of as much as $10,000, and up to 12 months jail time.

What are some of the basic work comp responsibilities for Georgia employers?

• Post a Notice of Compliance for employees in a conspicuous place

• Post a Workers Compensation Bill of Rights for employees in a conspicuous place.

• Post the name of the workers compensation insurance company or a certificate of self-insurance for employees in a conspicuous place.
  

• Complete and file an Employer’s First Report of Injury immediately upon knowledge of an injury. This is form # WC 1.

• Report all injuries wherein the worker lost seven or more work days. Reports must be filed with 21 days.

• Follow written safety rules, policies and procedures of employers.

• Report work comp accidents immediately to your employer.

• Employees must accept reasonable medical treatment and rehabilitation services when ordered by the State Board of Workers Compensation or the Board may suspend your benefits.

• No work comp benefits are paid for willful misconduct.

• Notify the workers compensation insurance carrier and your employer if you change addresses.

• Notify the workman's comp insurance carrier when you are able to return to work.

• You must attempt a job approved by the authorized treating physician even if the pay is lower than the job you had when you were injured. If you do not attempt the job, your workers compensation benefits may be suspended.

• Requests for reimbursement for expenses must be submitted within one year of the date the expense was incurred.

• Workers compensation benefits could be denied if an employee refuses to submit to a drug test immediately following an injury.

• False or misleading statements regarding a workers compensation claim are punishable by fines and imprisonment.

When employees are injured on the job there is the possibility that the injury could be compounded by a pre existing condition. It would be unfair to expect Georgia employers and their work comp insurance companies to pay for 100% of the resulting work comp claim. It could also jeopardize the future employment opportunities of such workers as Georgia employers might be inclined to avoid hiring anyone with a pre existing condition.

Georgia’s Subsequent Injury Trust Fund was created to address this situation. The fund helps protect Georgia Employers from the added liability created by the pre-existing condition. For more information CONTACT: Subsequent Injury Trust Fund, 1720 Peachtree Street, NW, Suite 500, North Tower, Atlanta, GA 30309-2462. As of September, 2006 their phone number is 404- 206-6360.

How involved can I be in the settlement of a work comp claim?

Employers are best advised to not get involved in the settlement of work comp claims. Let the insurance company handle all matters. Follow the insurance company's direction. Do not let your emotions dictate your actions. Workers compensation laws throughout the United States are written to favor employees. Courts generally attempt to find maximum benefits for injured workers. Employers unwilling to accept this may find themselves in violation of labor laws, and subject to lawsuits and civil penalties.

Who can I contact if I have questions regarding Work Comp Insurance rates?

Georgia Employers should direct questions regarding workers compensation insurance rates to the Georgia State Insurance Commissioner's office. Their physical address is 2 Martin Luther King, Jr. Drive, S.W., Suite 704, West Tower, Atlanta, GA 30334. As of September 2006 their phone number is 404-656-2056.

How can I obtain a copy of the work comp laws & rules for Georgia?

Georgia employers or others interested in obtaining a copy of Georgia Workers Compensation Laws, Rules & Regulations can call 1-800-533-1637 or 1-800-833-9844. Copies cost $35.

Georgia Work Comp Insurance Resource Directory

Georgia Board of Workers Compensation