The Georgia State Board of Workers Compensation is the administrative arm to serve Georgia employers and workers since its establishment in 1920. The funding for the State Board comes from assessments from self insured businesses and from insurance companies. The concept behind the workers compensation insurance is to provide benefits such as medical payments, vocational rehabilitation and a portion of wages for eligible employees injured on the job, or those who fall ill with a employment related disease.
Before the implementation of the Georgia Workers' Compensation Act, injured employees on the job site usually did not receive any benefits from the employer. Workers often worked in harsh and even oppressive job conditions with no assistance when a work injury was incurred. Even the court system did not support employee claims but took the position that employees had to accept risks when they took the job. Sometimes the employee was blamed or held responsible for the accident which precluded recovery from the employer. Even if the accident was due to negligence on the part of another worker, there was still little chance of recovery from an accident. In addition, the cost of legal battles made bringing suit against an employer impossible to afford for most out of work and disabled employees. However, when lawsuits against a company were successful, it often would force the company out of business because of the cost of the settlement.
The current workers' compensation law in Georgia permits payment of benefits to eligible employees when there is a job related accident or illness. There is no blame placed for fault or negligence on the part of the employee. The law provides the employer with limited liability against further lawsuits or collection of damages. The actual coverage to employers is through private insurance policies or by the selection of a self-insurance plans where applicable. In return for workers compensation benefits, the employee who is injured is precluded from any further legal remedies against the employer.
In Georgia, all employers are required to obtain workers compensation insurance if there are three or more employees. There are specific categories of workers who hold exemptions from workers' compensation statutes, such as employees of the federal government, railroad employees, agricultural workers and domestic laborers.
In the event of a claims which is contested, or where there is questionable liability, the employer through the insurer or the employee can apply for an Administrative Law Judge hearing to come to a resolution. If there is still dispute after the decision is rendered, either party can obtain an Appellate Division review. Further disputes are settled through the court system. The courts rule on issues of law only.
In an effort to encourage reemployment of disabled or injured workers, the State set up the Subsequent Injury Trust fund as a separate state agency in Georgia, although both organizations work in close harmony. This is a separate assessment to employers with workers compensation insurance either through private insurance companies or through employer self-insurance plans. The concept of the Subsequent Injury Trust Fund is to pay benefits to workers who are injured following a disability determination in such a way that there is a greater disability than would have existed with just the later injury on the job.
The Georgia Department of Administrative Services operates Risk Management services for the State workers compensation program. This ensures that Coordinated Medical Care services are available to receive effective and timely medical care for their injury. Other features of this agency program include a concerted effort to Return-to-Work implementation through team approach by employees, medical personnel, employers and workers compensation claims manager.
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