Georgia CommonsHB 1128: State Board of Workers' Compensation; notice of eligibility for compensation to an injured employee to his or her legal guardian; provide
Last action May 6, 2026 · Effective Date 2026-07-01
House Bill 1128 requires Georgia workers' compensation officials and law enforcement agencies to notify an injured employee's legal guardian, not just the employee, about eligibility for compensation, and opens a one-month window for certain brain-injured public safety officers to apply for indemnification.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest LegiScan holds.
In plain language
Current Georgia law requires the State Board of Workers' Compensation and local law enforcement agencies to notify an injured peace officer directly about their eligibility for the Georgia State Indemnification Fund and disability compensation programs. This bill adds the injured employee's legal guardian as someone who must also receive that notice, which matters for officers who are incapacitated and cannot act on their own behalf. The bill also creates a special one-month application window, from July 1, 2026 to August 1, 2026, for public safety officers (or their legal guardians) who suffered total permanent disability from organic brain damage in the line of duty on or before July 1, 2024, if the injury's recovery period kept them from applying within the normal deadline. Applicants must submit documentation proving they qualify. This new application option automatically repeals on July 1, 2030. The overall Act takes effect July 1, 2026.
What the bill does
- Amends Georgia's workers' compensation notice law (O.C.G.A. § 34-9-26) to require the State Board of Workers' Compensation to notify an injured employee's legal guardian, in addition to the employee, about eligibility for compensation.
- Amends O.C.G.A. § 35-1-24 to require local law enforcement agencies to notify a peace officer's legal guardian, along with the officer, about eligibility for the Georgia State Indemnification Fund and disability compensation.
- Creates a new Code section (45-9-86.1) allowing a one-time application window between July 1, 2026 and August 1, 2026 for public safety officers with organic brain damage sustained on or before July 1, 2024.
- Requires applicants under the new window to submit documentation proving the brain damage prevented them from applying within the normal deadline.
- Sets an automatic repeal date of July 1, 2030 for the new application window provision.
- Sets the effective date of the entire Act as July 1, 2026.
Who it affects
Peace officers and other public safety officers who are injured on the job, especially those incapacitated and unable to act for themselves, along with their legal guardians. The State Board of Workers' Compensation, the Department of Administrative Services, local law enforcement agencies, and the Georgia State Indemnification Fund are also directly involved in carrying out the notice and application requirements.
Why it matters
Officers with severe injuries, such as organic brain damage, often cannot personally receive or act on notices about compensation eligibility. By requiring notice to legal guardians and opening a special late-application window, the bill lets guardians pursue indemnification benefits on behalf of officers who missed normal deadlines because of their injuries.
Key provisions
- Section 1 revises O.C.G.A. § 34-9-26(b) so the State Board of Workers' Compensation must notify an injured employee's legal guardian, not just the employee, of eligibility for indemnification and disability compensation programs.
- Section 2 revises O.C.G.A. § 35-1-24(b) so law enforcement agencies must notify a peace officer's legal guardian within ten days of an injury that may cause permanent or temporary disability.
- Section 3 adds new Code Section 45-9-86.1, creating a special application window from July 1, 2026 to August 1, 2026 for public safety officers with total permanent disability from organic brain damage suffered in the line of duty on or before July 1, 2024.
- Section 3 requires that the brain damage impaired the officer's ability to apply within the normal deadline and requires supporting documentation.
- Section 3 sets automatic repeal of the new application window on July 1, 2030.
- Section 4 sets the Act's effective date as July 1, 2026.
From the bill
“the board shall notify the injured employee or his or her legal guardian of such belief”
“a public safety officer or his or her legal guardian may submit an application for indemnification with respect to a claim for total permanent disability between July 1, 2026, and August 1, 2026”
“This Code section shall stand repealed on July 1, 2030.”
Status timeline
- Effective Date 2026-07-01
- Act 415
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
Show full history (15 actions)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Devan Seabaugh (R, HD-034)
- Matthew Gambill (R, HD-015)
- Will Wade (R, HD-009)
- William Werkheiser (R, HD-157)
- Josh Bonner (R, HD-073)
- Bill Hitchens (R, HD-161)
- Kay Kirkpatrick (R, SD-032)
Votes
- House voteMarch 4, 2026
158 yea, 0 nay (7 not voting, 12 absent)
- Senate voteMarch 25, 2026
49 yea, 0 nay (2 not voting, 3 absent)
Topics
- workers' compensation
- peace officers
- disability benefits
- Georgia State Indemnification Fund
- legal guardianship