HB1355: HB1355 Workers' compensation; update law on experience modification factors, refusal of suitable employment procedures, and certain benefits

Georgia's workers' compensation law (O.C.G.A. Chapter 9 of Title 34) sets rules for how injured workers get paid and how insurers price employer policies. This bill changes several of those rules. It bars insurers from raising an employer's experience modification factor (the score that affects insurance premiums) or canceling or refusing to renew a policy because of a multivehicle accident where the employer or its employee was less than 50 percent at fault. It also lets a referral physician, not just the treating physician, release an injured worker to return to a modified job, and it shortens from 15 to 10 working days the window before benefits are automatically reinstated if the worker cannot keep doing the job, adding a formal petition and teleconference process before an administrative law judge. Finally, it raises the maximum weekly benefit for total disability from $800 to $900, for temporary partial disability from $533 to $600, raises the maximum burial expense payment from $7,500 to $10,000, and raises the cap on death benefits paid to a sole surviving spouse from $320,000 to $360,000.

• Prohibits insurers from adjusting an employer's experience modification factor or canceling/non-renewing a policy because of a multivehicle accident where the employer or employee was less than 50 percent at fault.
• Allows a referral physician, in addition to the authorized treating physician, to release an injured employee to return to work with restrictions.
• Shortens the window from 15 to 10 working days for an employee who attempts but cannot finish a modified job before benefits are reinstated, and creates a formal petition, teleconference, and interlocutory order process.
• Raises the maximum weekly benefit for total disability from $800 to $900 and for temporary partial disability from $533 to $600.
• Raises the maximum burial expense payment from $7,500 to $10,000 and the cap on death benefits to a sole surviving spouse from $320,000 to $360,000.
• Directs the State Board of Workers' Compensation and the Commissioner of Insurance to write rules implementing the multivehicle accident protection.

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

Injured workers who cannot manage a modified job would get benefits reinstated faster and receive higher weekly payments, while employers involved in no-fault multivehicle accidents would be shielded from higher insurance costs. Families of workers killed on the job would be eligible for larger death and burial benefits.

• Section 1 revises O.C.G.A. § 34-9-137 to bar experience modification changes, surcharges, cancellations, or non-renewals tied to no-fault multivehicle accidents and directs new implementing rules.
• Section 2 revises O.C.G.A. § 34-9-240, letting a referral physician clear an employee for restricted work and cutting the trial-work period before automatic benefit reinstatement from 15 to 10 working days, with a new petition and teleconference process.
• 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 the cap on death benefits to a sole surviving spouse from $320,000 to $360,000.
• Section 6 repeals any conflicting laws.

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
• disability benefits
• insurance regulation
• death benefits
• employer insurance rates