---
title: HB 1128. State Board of Workers' Compensation; notice of eligibility for compensation to an injured employee to his or her legal guardian; provide
collection: bills
id: 2025-2026/hb1128
cite_as: HB 1128, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1128
md_url: https://georgiacommons.org/bills/2025-2026/hb1128.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1128/text
source_url: https://www.legis.ga.gov/legislation/72682
date: 2026-05-06
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 950
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1128.md?full=1
bill_number: HB 1128
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-06
last_action: Effective Date 2026-07-01
sponsors:
- Devan Seabaugh
- Matthew Gambill
- Will Wade
- William Werkheiser
- Josh Bonner
- Bill Hitchens
- Kay Kirkpatrick
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1128/2025
upstream_id: 2104385
summaries_model: claude-sonnet-5
topic_tags:
- workers' compensation
- peace officers
- disability benefits
- Georgia State Indemnification Fund
- legal guardianship
---
# HB 1128. State Board of Workers' Compensation; notice of eligibility for compensation to an injured employee to his or her legal guardian; provide
## Text
House Bill 1128 (AS PASSED HOUSE AND SENATE)
By: Representatives Seabaugh of the 34th, Gambill of the 15th, Wade of the 9th, Werkheiser
of the 157th, Bonner of the 73rd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 34-9-26 of the Official Code of Georgia Annotated, relating to
required notice regarding injured peace officers, so as to provide that the State Board of
Workers' Compensation shall provide for notice of eligibility for compensation to an injured
employee to his or her legal guardian; to amend Code Section 35-1-24 of the Official Code
of Georgia Annotated, relating to peace officers eligible for indemnification or disability
compensation and notifications, so as to provide that law enforcement agencies shall provide
notice of eligibility for compensation to an injured employee to his or her legal guardian; to
amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,
relating to the Georgia State Indemnification Fund, so as to provide for an application
window for eligible individuals incapacitated by organic brain damage sustained in the line
of duty on or before July 1, 2024; to provide for automatic repeal; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 34-9-26 of the Official Code of Georgia Annotated, relating to required notice
regarding injured peace officers, is amended by revising subsection (b) as follows:
"(b) In the event that the State Board of Workers' Compensation has reasonable cause to
believe that an injured employee is an eligible peace officer, the board shall notify the
Department of Administrative Services. Additionally, the board shall notify the injured
employee or his or her legal guardian of such belief and such notification shall include such
appropriate contact information of the Georgia State Indemnification Fund and the
temporary disability compensation program of Parts 1 and 2, respectively, of Article 5 of
Chapter 9 of Title 45 and other information as shall be determined necessary by the
Department of Administrative Services through the promulgation of rules and regulations."
SECTION 2.
Code Section 35-1-24 of the Official Code of Georgia Annotated, relating to peace officers
eligible for indemnification or disability compensation and notifications, is amended by
revising subsection (b) as follows:
"(b) Each law enforcement agency of this state shall notify every employee whom such
agency has reasonable cause to believe may be an eligible peace officer, or his or her legal
guardian, of the existence of the Georgia State Indemnification Fund and the temporary
disability compensation program of Parts 1 and 2, respectively, of Article 5 of Chapter 9
of Title 45. Such notification shall be given within ten days of such employee suffering
an injury which may reasonably cause such employee to suffer a permanent or temporary
disability. Additionally, such notification shall include such appropriate contact and other
information as shall be determined necessary by the Department of Administrative Services
through the promulgation of rules and regulations."
SECTION 3.
Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,
relating to the Georgia State Indemnification Fund, is amended by adding a new Code
section to read as follows:
"45-9-86.1.
(a) Notwithstanding subsection (d) of Code Section 45-9-86, 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, when:
(1) The total permanent disability is due to organic brain damage incurred by a public
safety officer in the line of duty on or before July 1, 2024; and
(2) The organic brain damage incurred required extended recovery such that it impaired
the capacity of the public safety officer to the extent it prevented his or her ability to
make an application for indemnification within the time required by subsection (d) of
Code Section 45-9-86.
(b) An application submitted under this Code section shall be accompanied by
documentation prescribed by the department to demonstrate the public safety officer
satisfies the requirements of subsection (a) of this Code section.
(c) This Code section shall stand repealed on July 1, 2030."
SECTION 4.
This Act shall become effective on July 1, 2026.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Passed (2026-05-06)
- Last action: Effective Date 2026-07-01 (2026-05-06)
- Sponsors: Devan Seabaugh, Matthew Gambill, Will Wade, William Werkheiser, Josh Bonner, Bill Hitchens, Kay Kirkpatrick
- Official page: https://www.legis.ga.gov/legislation/72682
> The history, votes, and amendments (950 characters) are at https://georgiacommons.org/bills/2025-2026/hb1128.md?full=1