Legislative Changes to the Georgia Workers’ Compensation effective July 1, 2015

As you may know the Georgia Legislature meets during the first quarter of each year. Every couple of years they will make revisions to our laws in an effort to keep up with the times and to react to issues we all face in the actual practice of abiding by and implementing Georgia’s workers compensation statutes and Rules.

This year they have made changes to the following areas which all practioners must be aware of. These areas include the maximum amounts payable for Temporary Total Disability, Temporary Partial Disability and Death Benefits. Additionally they have legislated significant changes to the Subsequent Injury Trust Fund and the Exclusive Remedy Provision of our laws. These changes will become effective on July 1, 2015.

EXCLUSIVE REMEDY PROVISION
The Legislature has added language to bolster O.C.G.A. § 34-9-11. The change clarifies that the exclusive remedy will prohibit all civil liabilities unless specifically agreed to by the employer to allow for additional remedies outside of the Workers Compensation Act.

SUBSEQUENT INJURY TRUST FUND
The Legislature continued the life of the Subsequent Injury Trust Fund an additional three years. Currently, it will cease to exist in 2023.

DEATH BENEFITS
When a Georgia employee is injured and death results instantly or during the period of disability from a compensable claim, the Employer shall, in addition to any other compensation otherwise payable, pay benefits to a surviving spouse as the sole dependent at the time of the employee’s death in an amount up to $220,000.00. This is an increase from the previous amount of $150,000.00

TEMPORARY TOTAL AND TEMPORARY PARTIAL DISABILITY BENEFITS
The maximum amount payable for Temporary Total Disability benefits, for an accident occurring after July 1, 2015, will be $550.00 per week. The maximum amount payable under Temporary Partial Disability benefits, for an accident occurring after July 1, 2015 will be $367.00

**Additional changes to the Rules may be forthcoming and are anticipated to also be effective July 1, 2015. We will update you on those changes as they occur.

By: Dale Slemons, Esq.