SB 321: Workers' Compensation; chapter shall not apply to employees of an employer covered by and providing coverage under the federal Longshore and Harbor Workers' Compensation Act, 33 U.S.C. Section 901; provide

Georgia's workers' compensation law (O.C.G.A. § 34-9-2) currently sets out which employers and employees are covered by the state's workers' compensation system, which provides benefits to workers injured on the job. This bill adds a new exception to that law. Under the bill, if an employer is already covered by and providing coverage under the federal Longshore and Harbor Workers' Compensation Act, a federal law covering certain maritime and dock workers, then Georgia's workers' compensation chapter would no longer apply to that employer's employees. In effect, those workers would be covered only under the federal program rather than under both state and federal systems. The bill does not set an effective date beyond the standard process, and it repeals any conflicting state laws.

• Adds a new subsection (g) to Georgia's workers' compensation law (O.C.G.A. § 34-9-2) creating an exemption for certain employers.
• Exempts employees from Georgia's workers' compensation chapter if their employer is covered by and providing coverage under the federal Longshore and Harbor Workers' Compensation Act.
• Applies the exemption to the federal law as amended and to any of its extensions, meaning future federal changes would carry through automatically.
• Repeals any existing Georgia laws that conflict with this new exemption.

Employers in maritime, dock, and harbor-related industries who already carry federal Longshore and Harbor Workers' Compensation Act coverage, and their employees, who would rely solely on the federal program instead of Georgia's state workers' compensation system for workplace injuries.

Workers whose employers qualify for the exemption would no longer have access to Georgia's state workers' compensation benefits and would depend entirely on the federal program for injury claims, changing how their claims are filed and what benefits they can receive.

• Section 1 adds subsection (g) to O.C.G.A. § 34-9-2, stating the chapter does not apply to employees whose employer is covered by and providing coverage under the federal Longshore and Harbor Workers' Compensation Act.
• The exemption extends to the federal act as amended and to its extensions, so it automatically follows future federal updates.
• Section 2 repeals any state laws that conflict with the new exemption.

1. 2025-03-04Senate Read and Referred (Senate)
2. 2025-03-03Senate Hopper (Senate)

• Mike Hodges (R, SD-3)Primary sponsor
• Steve Gooch (R, SD-51)
• Billy Hickman (R, SD-4)
• Ben Watson (R, SD-1)
• John Albers (R, SD-56)
• Randy Robertson (R, SD-29)

• workers' compensation
• maritime workers
• employment law
• federal preemption