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📘 Legal Framework
Topic | Details |
---|---|
Governing Law | O.C.G.A. Title 34, Chapter 9 |
Regulatory Body | Georgia State Board of Workers' Compensation (SBWC) |
Key Rules | SBWC Rules & Regulations; Insurance Commissioner Rule 120-2-3 |
🧾 Claims Handling Guidelines
Requirement | Details |
---|---|
Initial Claim Filing | Form WC-1 must be filed within 21 days of employer's knowledge of injury |
Wage Statement | Form WC-6 required for income benefit calculations |
Death Claims | Use Forms WC-1 & WC-2a; includes guardian and beneficiary documentation |
Benefit Changes | Temporary Total ↔ Temporary Partial via WC-2 and WC-3 |
Permanent Partial Disability | Requires WC-2 and WC-6 with medical documentation |
Medical Benefits | Must follow Board Rule 203(a); disputes handled under Rules 203(b), 205 |
Lump Sum Payments | Apply via Form WC-25 with Board approval |
EDI Filing | Mandatory for all insurers and TPAs; compliance monitored by SBWC |
🧑⚖️ Licensing & Ethics
Requirement | Details |
---|---|
License Type | Workers' Compensation Adjuster License |
Prelicensing Education | 20 hours minimum unless exempt (e.g., CPCU, CWCP designation) |
Exam Requirement | Must pass within 12 months of course completion |
Fingerprinting | Required for background check |
Continuing Education | Mandatory under Rule 120-2-3-.15 |
Renewal | Annual, per Rule 120-2-3-.16 |
📌 Compliance Tips
- Always use latest Board forms from SBWC website
- Maintain accurate wage data for benefit calculations
- Ensure timely communication with claimants and legal counsel
🔑 Key Claims Handling Rules for Georgia Workers' Compensation Adjusters
📝 Initial Claim Processing
- Form WC-1: Must be filed within 21 days of employer's knowledge of injury, disability, or death.
- Sections A–D: Completed by employer and insurer; includes injury details, wage data, and insurer info.
- Late Filing Penalty: Failure to file WC-1 on time may result in penalties under Board Rule 221(d).
💵 Wage & Benefit Documentation
- Form WC-6: Required for wage statements and benefit calculations.
- Methods of Computation: Must follow Board guidelines for fractional weeks and average weekly wage.
⚰️ Death Claims
- Forms WC-1 & WC-2a: Used to report and manage death benefits.
- Beneficiaries & Guardians: Must be documented and verified.
🔄 Subsequent Claim Processing
- Form WC-2: Used to initiate, suspend, or change income benefits.
- Form WC-3: Required for benefit changes (e.g., TTD to TPD).
- Permanent Partial Disability: Requires WC-2, WC-6, and medical documentation.
📊 Case Progress & Reporting
- Form WC-4: Tracks ongoing claim status and must be updated regularly.
- Form WC-26: Annual report of medical-only cases and indemnity payments.
💻 Electronic Data Interchange (EDI)
- EDI Filing: Mandatory for insurers and TPAs.
- Compliance Monitoring: SBWC tracks timeliness and accuracy of electronic submissions.
💰 Lump Sum & Advance Payments
- Form WC-25: Required for lump sum payment applications.
- Board Approval: All lump sum settlements must be reviewed and approved.
🏥 Medical Benefits
- Authorized Treatment: Must comply with Board Rule 203(a).
- Disputes: Handled under Rules 203(b) and 205.
- Pre-Authorization: Required for certain treatments.
- Medical Reports: Must be submitted promptly and accurately.
🧑⚖️ Legal & Compliance Notes
- Use of Current Forms: Always use the latest Board-approved versions.
- SBWC ID Number: Mandatory on all filings.
- Servicing Agent Changes: Must be reported via Form WC-121.
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About The Author
About The Author
-
Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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