How Do I Get Georgia Compensation Benefits

Georgia Workers' Compensation State law provides that an employee may be disqualified from receiving benefits if his or her injury or death is due to intoxication or the use of controlled substances. An alcohol test taken within three hours of the accident with the result of a 0.08 blood alcohol level or greater, or a positive drug test conducted within eight hours of of an accident, creates a rebuttable presumption that the injury was caused by the use of alcohol or drugs, respectively. A refusal to submit to a test also creates a re buttable presumtion of impairment. Ga. Code Ann. §34-9-17 (1995). Workers' Compensation Premium Reduction Act Georgia has enacted a voluntary law that provides a 7.5 percent discount on workers' compensation premiums to employers who have implemented a drug-free workplace program which is certified by the state Board of Workers' Compensation. A certified program must include the following: (1) a written policy statement; (2) substance abuse testing; (3) resources of employee assistance providers; (4) one hour of employee education; and (5) two hours of supervisory training annually. Annual certification is required. Length of premium discount is not to exceed 8 years. Ga. Code 33-9-40.2 (Supp. 1998); Ga. Code §§34-9-410 to 421 (1998).