HB1128: HB1128 State Board of Workers' Compensation; notice of eligibility for compensation to an injured employee to his or her legal guardian; provide

Under current Georgia law, when the State Board of Workers' Compensation or a law enforcement agency identifies an injured peace officer who may qualify for indemnification or disability benefits, notice goes to the injured employee. This bill adds a requirement that the notice also go to the employee's legal guardian, so an incapacitated officer's guardian is informed of benefits under the Georgia State Indemnification Fund (O.C.G.A. Title 45, Chapter 9) and the temporary disability compensation program. The bill also creates a one-month application window, from July 1 to August 1, 2026, letting public safety officers or their legal guardians apply for total permanent disability indemnification tied to organic brain damage suffered in the line of duty on or before July 1, 2024, if the injury's recovery period prevented a timely application. That special provision automatically repeals on July 1, 2030. The overall law takes effect July 1, 2026.

• Requires the State Board of Workers' Compensation to notify an injured peace officer's legal guardian, in addition to the employee, about eligibility for compensation (Section 1).
• Requires local law enforcement agencies to notify an injured employee's legal guardian, not just the employee, about eligibility for the Georgia State Indemnification Fund and disability compensation (Section 2).
• Creates a special one-month window (July 1 to August 1, 2026) for public safety officers or their guardians to apply late for total permanent disability indemnification tied to line-of-duty organic brain damage occurring on or before July 1, 2024 (Section 3).
• Requires applicants using that special window to prove their brain injury's recovery period prevented them from applying on time.
• Sets the new late-application provision to automatically repeal on July 1, 2030 (Section 3).
• Sets the overall effective date of the Act as July 1, 2026 (Section 4).

Injured peace officers and other public safety officers in Georgia, their legal guardians, the State Board of Workers' Compensation, local law enforcement agencies, and the Department of Administrative Services, which administers the Georgia State Indemnification Fund and related notification rules.

Officers incapacitated by severe injuries, such as organic brain damage, may be unable to receive or act on notices about compensation themselves. Requiring notice to a legal guardian helps ensure someone empowered to act on the officer's behalf learns about available benefits, and the new application window gives a second chance to those who missed earlier deadlines due to their injury.

• Section 1 revises O.C.G.A. § 34-9-26(b) so the Board of Workers' Compensation must notify the injured employee or his or her legal guardian, not just the employee.
• Section 2 revises O.C.G.A. § 35-1-24(b) so law enforcement agencies must notify the employee or legal guardian within ten days of a disabling injury.
• Section 3 adds new O.C.G.A. § 45-9-86.1, letting a public safety officer or guardian apply between July 1 and August 1, 2026, for indemnification tied to organic brain damage from on-duty injuries on or before July 1, 2024, if extended recovery prevented an earlier application.
• Section 3 also requires the application to include documentation prescribed by the department proving eligibility, and states the new Code section repeals automatically on July 1, 2030.
• Section 4 sets the Act's effective date as July 1, 2026.
• Section 5 repeals conflicting laws.

1. 2026-05-06Effective Date 2026-07-01
2. 2026-05-06Act 415
3. 2026-05-06House Date Signed by Governor (House)
4. 2026-04-06House Sent to Governor (House)
5. 2026-03-25Senate Passed/Adopted (Senate)
6. 2026-03-25Senate Third Read (Senate)
7. 2026-03-19Senate Read Second Time (Senate)
8. 2026-03-18Senate Committee Favorably Reported (Senate)

• Devan Seabaugh (R, HD-034)Primary sponsor
• 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)

1. PassedHouse voteMarch 4, 2026

   158 yea, 0 nay (7 not voting, 12 absent)

   Passage: House Vote #636

2. PassedSenate voteMarch 25, 2026

   49 yea, 0 nay (2 not voting, 3 absent)

   Passage: Senate Vote #808

• workers' compensation
• peace officer benefits
• disability indemnification
• legal guardianship
• public safety officers