2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 4 - Insurance of Compensation Liability Generally
§ 34-9-126. Filing by Employer of Evidence of Compliance With Insurance Requirements; Assessment of Attorney's Fees and Increased Compensation Against Employer Who Fails to File

1. Every employer subject to the compensation provisions of this chapter shall file with the board in the form prescribed by the board, annually or as often as the board in its discretion may deem necessary, evidence satisfactory to the board of his compliance with Code Section 34-9-121 and all other Code sections relating thereto.
2. Any employer subject to the compensation provisions of this chapter who refuses or willfully neglects to comply with subsection (a) of this Code section shall be guilty of a misdemeanor. In hearing any application for compensation by an injured employee of such delinquent employer, the board may assess compensation against such employer in an amount 10 percent greater than that provided for in this chapter and, in addition to the increased compensation, shall also fix a reasonable attorney's fee to be paid by the employer to the representative of the employee. The attorney's fee and the increased compensation shall be due and payable at once, and their payment shall be enforced as provided elsewhere in this chapter.

(Ga. L. 1920, p. 167, § 67; Ga. L. 1923, p. 92, § 7; Code 1933, §§ 114-603, 114-9901; Ga. L. 1972, p. 929, §§ 5, 6.)

- Punishment for misdemeanors generally, § 17-10-4.

- For article discussing attorney fees in workers' compensation claims, see 15 Ga. St. B. J. 187 (1978). For annual survey on decisions impacting workers' compensation, see 69 Mercer L. Rev. 357 (2017).

ANALYSIS

• General Consideration
• Applicability of Section
• Attorney's Fees

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Misdemeanor offenses arising under O.C.G.A. § 34-9-126 are offenses for which those charged are to be fingerprinted. 2011 Op. Att'y Gen. No. 2011-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, § 54.

- Indemnity from manufacturer or vendor for liability incurred under workmen's compensation law for injury to employee by defective machine furnished employer, 37 A.L.R. 853.

Validity of statutory provision for attorney's fees, 90 A.L.R. 530.

Insurance carrier's liability for part of employer's liability attributable to violation of law or other misconduct on his part, 1 A.L.R.2d 407.

Amount of attorney's compensation in absence of contract or statute fixing amount, 56 A.L.R.2d 13, 86 A.L.R. Fed. 866.

What constitutes "trial," "final trial," or "final hearing" under statute authorizing allowance of attorney's fees as costs on such proceeding, 100 A.L.R.2d 397.

Validity of statute allowing attorney's fee to successful claimant but not to defendant, or vice-versa, 73 A.L.R.3d 515.

Excessiveness or adequacy of attorneys' fees in matters involving real estate--modern cases, 10 A.L.R.5th 448.

Excessiveness or adequacy of attorneys' fees in domestic relations cases, 17 A.L.R.5th 366.

Calculations of attorneys' fees under Federal Tort Claims Act - 28 USCS § 2678, 86 A.L.R. Fed. 866.