HB 1355: Workers' compensation; update law on experience modification factors, refusal of suitable employment procedures, and certain benefits

Georgia's workers' compensation law lets insurers adjust an employer's premiums based on a company's accident history, known as an experience modification factor. This bill would stop insurers from using multivehicle accidents against an employer's experience rating, or using them to raise premiums, cancel, or refuse to renew a policy, when the employer or employee was less than 50 percent at fault. The State Board of Workers' Compensation and the Commissioner of Insurance would have to write rules to carry this out. The bill also changes what happens when an injured worker tries but cannot perform a light-duty job offered by their employer. Currently, if a worker attempts the job but cannot continue past 15 days, benefits are automatically reinstated. Under this bill, the cutoff drops to ten days, and the worker must instead file a sworn petition with the board, triggering a fast teleconference hearing before a judge decides whether to reinstate benefits. It also lets a referral physician, not just the treating physician, release a worker back to work. Finally, the bill raises the maximum weekly benefit for total disability from $800 to $900, for temporary partial disability from $533 to $600, raises burial expense coverage from $7,500 to $10,000, and raises the cap on total death benefits to a surviving spouse from $320,000 to $360,000.

• Bars insurers from adjusting an employer's experience modification factor or raising, canceling, or refusing to renew a workers' compensation policy because of a no-fault multivehicle accident.
• Requires the State Board of Workers' Compensation and the Insurance Commissioner to write rules implementing the new no-fault accident protection.
• Allows a referral physician, in addition to the treating physician, to release an injured worker back to work with restrictions.
• Replaces automatic reinstatement of benefits after 15 failed days on a light-duty job with a new process requiring a sworn petition and expedited hearing after only ten days.
• Raises the maximum weekly benefit for total disability from $800 to $900 and for temporary partial disability from $533 to $600.
• Increases the maximum burial expense benefit from $7,500 to $10,000 and the cap on total death benefits paid to a surviving spouse from $320,000 to $360,000.

Georgia employers and their workers' compensation insurers, injured employees trying to return to light-duty work, treating and referral physicians who authorize return-to-work releases, administrative law judges at the State Board of Workers' Compensation, and dependents of workers who die from a workplace injury.

Employers involved in no-fault vehicle accidents would be protected from higher insurance costs, while injured workers who cannot handle a light-duty job would face a shorter window and a new legal filing process before benefits resume. Injured and deceased workers' families would also see higher weekly and death benefit payments.

• Section 1 revises O.C.G.A. § 34-9-137 to exclude no-fault multivehicle accidents from an employer's experience modification factor and bar related premium surcharges, cancellations, or non-renewals, with implementing rules required.
• Section 2 revises O.C.G.A. § 34-9-240 to let a referral physician release a worker to return to work and shortens from 15 to ten days the window before a worker must file a formal petition, sworn statement, and attend a board teleconference to seek reinstated benefits.
• Section 2 allows an administrative law judge to issue an interlocutory (temporary) order suspending or reinstating benefits after the teleconference, pending a full hearing.
• Section 3 raises the maximum weekly total disability benefit under O.C.G.A. § 34-9-261 from $800 to $900.
• Section 4 raises the maximum weekly temporary partial disability benefit under O.C.G.A. § 34-9-262 from $533 to $600.
• Section 5 raises the maximum burial expense benefit under O.C.G.A. § 34-9-265 from $7,500 to $10,000 and raises the cap on total death benefits payable to a sole surviving spouse from $320,000 to $360,000.

1. 2026-02-20House Second Readers (House)
2. 2026-02-19House First Readers (House)
3. 2026-02-18House Hopper (House)

• William Werkheiser (R, HD-157)Primary sponsor

• workers' compensation
• insurance premiums
• disability benefits
• death benefits
• workplace injuries