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Georgia Statutes, Title 34

Georgia/Statutes

← All Georgia coverage

Title 34

11 chapters · 451 sections in this title.

All chapters in Title 34451 Ch 9, WORKERS’ COMPENSATION220 Ch 8, EMPLOYMENT SECURITY138 Ch 7, EMPLOYMENT GENERALLY; EMPLOYERS LIAB…19 Ch 6, LABOR ORGANIZATIONS AND LABOR RELATIONS18 Ch 2, DEPARTMENT OF LABOR14 Ch 1, GENERAL PROVISIONS9 Ch 4, MINIMUM WAGE LAW7 Ch 5, SEX DISCRIMINATION IN EMPLOYMENT7 Ch 10, LABOR POOLS7 Ch 6A, EQUAL EMPLOYMENT FOR PERSONS WITH DI…6 Ch 3, HOURS OF LABOR IN FACTORIES4 Ch 111 Ch 141

220 sections·Filtered byTitle 34✕Ch 9✕

O.C.G.A. § 34-9-260 Basis and method for computing compensation generally
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Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined, subject to limitations as to the maximum and minimum amounts provided f…
O.C.G.A. § 34-9-261 Hensel Phelps Constr
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Co. v. Manigault, 167 Ga. App. 599, 307 S.E.2d 79 (1983); Holt’s Bakery v. Hutchinson, 177 Ga. App. 154, 338 S.E.2d 742 (1985). Inability to find any suitable work determining factor. — It is not the ability to perform the particular job in which one was engaged at the time of in…
O.C.G.A. § 34-9-262 Compensation for temporary partial disability
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Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference betwee…
O.C.G.A. § 34-9-263 Compensation for permanent partial disability
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(a) Definition. As used in this chapter, ‘‘permanent partial disability’’ means disability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of use of the employee’s body. (b) Payment of benefits. (1) In case…

O.C.G.A. § 34-9-264 Compensation for loss of hearing caused by harmful noise; procedure for measuring degree of hearing impairment; eligibility for compensation; liability of employer

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(a) As used in this Code section, the term: (1) ‘‘Harmful noise’’ means sound in employment capable of producing occupational loss of hearing as defined in paragraph (2) of this subsection. Sound of an intensity of less than 90 decibels, A scale, shall be deemed incapable of prod…

O.C.G.A. § 34-9-265 Compensation for death resulting from injury and other causes; penalty for death from injury proximately caused by intentional act of employer; payment of death benefits where no dependents found

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(a) When an employee is entitled to compensation under this chapter for an injury received and death ensues from any cause not resulting from the injury for which he or she was entitled to compensation, payments of the unpaid balance for such injury shall cease and all liability …

O.C.G.A. § 34-9-266 Payment of compensation for time loss, disability, or death resulting from hernia

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In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the employee’s employment it must be definitely proved to the satisfaction of the board (1) that there was an injury resulting in hernia, (2) the hernia appeared sudden…

O.C.G.A. § 34-9-285 Whitaker v

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Fieldcrest Mills, Inc., 174 Ga. App. 533, 330 S.E.2d 761 (1985). Claimant’s condition may change from total incapacity to permanent Scope of Section (Cont’d) partial handicap. — Under the provisions of the workers’ compensation law, the board may find a change in the claimant’s c…

O.C.G.A. § 34-9-280 Definitions

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As used in this article, the term: (1) ‘‘Disablement’’ means the event of an employee becoming actually disabled to work, as provided in Code Sections 34-9-261, 34-9-262, and 34-9-263, because of occupational disease. (2) ‘‘Occupational disease’’ means those diseases which arise …

O.C.G.A. § 34-9-281 Prerequisites to compensation for occupational disease

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(a) Where the employer and employee are subject to this chapter, the disablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident; and the employee or, in the case of his or her death, the employee’s depend…

O.C.G.A. § 34-9-282 Payment of medical and burial expenses of claimants

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Any claimant who shall be entitled to compensation under the terms of this article shall be entitled to burial expenses and medical, hospital, and other treatment in the same amounts and with the same limitations and conditions as provided in Code Sections 34-9-200 and 34-9-265 f…

O.C.G.A. § 34-9-283 Applicability to occupational diseases of provisions of Code Section 34-9-263 regarding permanent partial industrial disabilities

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The provisions of Code Section 34-9-263 with respect to permanent partial industrial disabilities shall apply in the case of an occupational disease, save and except that there shall be no compensation due or payable for the partial loss of or for partial loss of use of a member …

O.C.G.A. § 34-9-284 Liability of last employer; compensation based on average weekly wage

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Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and the insurance carrier, if any, by whom the employer was insured when such employee was last so exposed under su…

O.C.G.A. § 34-9-288 Applicability of provisions of chapter to article

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All of the provisions of this chapter shall be applicable to this article, unless otherwise provided in or inconsistent with this article. (Code 1933, § 114-810, enacted by Ga. L. 1946, p. 103; Ga. L. 2004, p. 631, § 34.)

O.C.G.A. § 34-9-289 Exclusive liability of employer for employee’s death or disability from occupational disease

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Whenever an employer and employee are subject to this chapter, the liability of the employer under this article for the disablement or death of the employee from an occupational disease in any way incurred by such employee in the course of or because of his employment shall be ex…

O.C.G.A. § 34-9-291 Effect of false representations by employee regarding previous disability from or compensation for occupational disease

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No compensation shall be payable for an occupational disease if the employee, in the course of or in the course of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represented himself in writing to such employer as not havi…

O.C.G.A. § 34-9-292 Payment of expenses of board

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The total expenses of the State Board of Workers’ Compensation for the administration, operation, and proper functioning of the board under this article shall be a proper charge under Code Section 34-9-63 and shall be payable as provided therein. (Code 1933, § 114-826, enacted by…

O.C.G.A. § 34-9-310 Resolution of medical questions resulting from claims for compensation

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(a) When medical questions are in controversy in any claim for compensation for an occupational disease, the parties may agree to refer the employee to a licensed physician specializing in the diagnosis and treatment of the disease at issue for an independent medical examination …

O.C.G.A. § 34-9-313 Power to compel attendance of witnesses and production of records

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The medical board shall have the same power to compel the attendance of witnesses and the production of records as the superior courts of this state have to compel the attendance of witnesses and the production of records. (Code 1933, § 114-828, enacted by Ga. L. 1963, p. 141, § …

O.C.G.A. § 34-9-351 Definitions

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As used in this article, the term: (1) ‘‘Merger of an injury with a preexisting permanent impairment’’ describes or means that: (A) Had the preexisting permanent impairment not been present, the subsequent injury would not have occurred; (B) The disability resulting from the subs…

O.C.G.A. § 34-9-351.1 Exclusion from eligibility for reimbursement of certain self-insured employers

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Employers which are self-insured with regard to workers’ compensation benefits but which are not authorized by the State Board of Workers’ Compensation or other regulatory bodies as self-insured employers shall not be eligible for reimbursement from the Subsequent Injury Trust Fu…

O.C.G.A. § 34-9-352 Creation and authority of Subsequent Injury Trust Fund; state treasurer as custodian

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There is established a Subsequent Injury Trust Fund which shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in accordance with this article. The fund shall be administered by the administrator of the Subsequent Injury Trust Fund. All moneys in the…

O.C.G.A. § 34-9-353 Surety bonds of administrator and custodian

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The administrator and the custodian, before entering upon the performance of their duties, shall each execute and file an official surety bond of not less than $50,000.00. The bonds shall be approved as to form and sufficiency by the Attorney General. The bonds shall be payable t…

O.C.G.A. § 34-9-354 Creation and appointment of board of trustees; duties; term of office of members and chairman; oath of office

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(a) There is created a Board of Trustees of the Subsequent Injury Trust Fund composed of five members who shall serve for a term of six years each. One member shall be selected from each of the following fields: the insurance industry; rehabilitation professionals; management; la…

O.C.G.A. § 34-9-355 Appointment of administrator; administration of article; members of retirement system

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(a) The board of trustees shall appoint the administrator of the fund, and he or she shall serve at the pleasure of the trustees and without term of office. All officials, personnel, and employees of the Board of Trustees of the Subsequent Injury Trust Fund are placed in the clas…

O.C.G.A. § 34-9-356 Payment of travel expenses of board members, administrator, and employees; per diem allowance of board members

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(a) The members of the board of trustees, the administrator, and the employees of the fund shall be entitled to receive their actual necessary expenses while traveling on the business of the fund, but the expenses shall be sworn to by such person incurring the same. (b) The expen…

O.C.G.A. § 34-9-357 Payment of costs of administration; submission and approval of annual budget; audit of funds

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(a) The entire cost of the administration of the fund shall be paid from the assets of the fund. (b) The administrator shall annually submit to the board of trustees, under such rules and regulations as the board of trustees may pre935 scribe, a budget of the costs of administrat…

O.C.G.A. § 34-9-358 Payment of assessments to fund by insurers and self-insurers; calculations

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(a) Prior to January 1, 2010, each insurer and self-insurer under this chapter shall, under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of 175 percent of the total disbursement made from the fund during the prec…

O.C.G.A. § 34-9-359 Reports by employers of compensation and benefits paid; failure to pay assessments

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(a) As soon as practicable after January 1 but not later than January 31 of each calendar year, the administrator shall forward to each insurer and self-insured employer a questionnaire asking for the total amount of compensation, medical benefits, and rehabilitation benefits pai…

O.C.G.A. § 34-9-360 Reimbursement of employer or insurer for subsequent injury compensation payments; amounts of and prerequisites to reimbursement from fund

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(a) If an employee who has a permanent impairment incurs a subsequent injury or disease arising out of and in the course of employment, which subsequent injury results in liability for the disability arising from merger of the subsequent injury with the preexisting permanent impa…

O.C.G.A. § 34-9-361 Employer’s knowledge of employee’s preexisting permanent impairment

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It shall be incumbent upon the employer to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury or occupational disease that the preexisting impairment is permanent and is likely to be a hindrance or obstacle to employmen…

O.C.G.A. § 34-9-362 Notice by employer or insurer of claim against fund; request for a hearing

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(a) An employer or insurer shall notify the administrator of the fund of any possible claim against the fund as soon as practicable, but in no event later than 78 calendar weeks following the injury or the payment of an amount equivalent to 78 weeks of income or death benefits, w…

O.C.G.A. § 34-9-363 Agreements for reimbursement from fund; hearing by State Board of Workers’ Compensation in absence of agreement; compromise settlements

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(a) When any employer or insurer and the administrator reach an agreement with respect to reimbursement under this article, it shall be reduced to writing and submitted to the State Board of Workers’ Compensation for approval. The board shall consider such an agreement upon recei…

O.C.G.A. § 34-9-363.1 Duty to notify administrator of proposed settlement agreements after reimbursement agreement has been reached; approval of such settlement agreements

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(a) After the employer or insurer and the administrator of the Subsequent Injury Trust Fund reach an agreement with respect to reimbursement and either the reimbursement agreement is approved by the State Board of Workers’ Compensation or the State Board of Workers’ Compensation …

O.C.G.A. § 34-9-364 Apportionment or denial of reimbursement for expenses paid by employer or insurer

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The administrator of the fund may apportion or deny the employer or insurer reimbursement from the fund for medical expense provided by Code Section 34-9-360 where there are clear and unequivocal facts to establish that the subsequent injury to the permanently impaired employee w…

O.C.G.A. § 34-9-365 Injuries to which article is applicable

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The effective date of this article is March 23, 1977, but it shall apply only to injuries occurring on or after July 1, 1977. (Ga. L. 1977, p. 608, § 3.)

O.C.G.A. § 34-9-366 Binding of fund to questions determined in proceedings to which it was not a party

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The fund shall not be bound as to any question of law or fact by reason of an award or an adjudication to which it was not a party. (Code 1933, § 114-917, enacted by Ga. L. 1977, p. 608, § 1.)

O.C.G.A. § 34-9-367 Liability of fund for interest or attorney’s fees

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The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorney’s fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has f…

O.C.G.A. § 34-9-368 Reimbursement of self-insured employers or insureds; actuarial study required; dissolution of Subsequent Injury Trust Fund

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(a) The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2006. The Subsequent Injury Trust Fund shall continue to reimburse self-insured employers or ins…

O.C.G.A. § 34-9-380 Purpose of article

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It is the purpose of this article through the establishment of a guaranty trust fund to provide for the continuation of workers’ compensation benefits due and unpaid, excluding penalties, fines, and attorneys’ fees assessed against a participant, when such participant becomes an …

O.C.G.A. § 34-9-381 Definitions

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As used in this article, the term: (1) ‘‘Applicant’’ means an employee entitled to workers’ compensation benefits. (2) ‘‘Board’’ means the State Board of Workers’ Compensation. (3) ‘‘Board of trustees’’ means the board of trustees of the fund. (4) ‘‘Company’’ means a corporation,…

O.C.G.A. § 34-9-382 Establishment of Self-insurers Guaranty Trust Fund; use of fund; application to be accepted in fund

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(a) There is established a Self-insurers Guaranty Trust Fund for the sole purpose of making payments in accordance with this article. The fund shall be administered by an administrator appointed by the chairperson of the board of trustees with the approval of the board of trustee…

O.C.G.A. § 34-9-383 Membership of board of trustees of fund

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(a) Each member of the board of trustees shall be an employee of a participant. The board of trustees shall consist of a chairperson and six trustees elected by the participants. The board of trustees shall initially be appointed by the Governor not later than August 1, 1990. Thr…

O.C.G.A. § 34-9-384 General powers of board of trustees

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The board of trustees shall possess all powers necessary and convenient to accomplish the objectives prescribed by this article, including, but not limited to, the following: (1) Not later than 90 days from its appointment, the board of trustees must make and submit to the board …

O.C.G.A. § 34-9-385 Bankruptcy of participants

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(a) Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such …

O.C.G.A. § 34-9-386 Assessment of participants; liability of fund and participants for claims; revocation of participant’s authority to be self-insured

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(a)(1) The board of trustees shall, commencing January 1, 1991, assess each participant in accordance with paragraph (2) of this subsection. Upon reaching a funded level of $15 million net of all liabilities, all annual assessments against participants who have paid at least thre…

O.C.G.A. § 34-9-387 Reimbursement and security deposit from participant for compensation obligations

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(a) The board of trustees shall have the right and duty to obtain reimbursement from any participant for payment of compensation obligations in the amount of the participant’s compensation obligations assumed by the board of trustees and paid from the fund by the board of trustee…

O.C.G.A. § 34-9-388 Reports of participant’s insolvency; participant’s audits; review of applications for self-insurance and recommendations thereon

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(a) It shall be the duty of the board to report to the board of trustees when the board has reasonable cause to believe that any participant examined or being examined may be in danger of insolvency. (b) The board shall, at the inception of a participant’s self-insured status and…

O.C.G.A. § 34-9-389 State absolved of responsibility for debts incurred under fund

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The State of Georgia shall not be responsible for any debts incurred as a result of the operation or administration of this fund. (Code 1981, § 34-9-389, enacted by Ga. L. 1990, p. 770, § 1; Ga. L. 2010, p. 126, § 4/HB 1101.) ARTICLE 11 DRUG-FREE WORKPLACE PROGRAMS

O.C.G.A. § 34-9-410 Legislative intent

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It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success w…