Compensation for Line-of-Duty Injuries of Full-Time State Employees; Exceptions

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  1. As used in this Code section, the term:
    1. "Agency" means every state department, agency, board, bureau, commission, and authority, except the Department of Transportation.
    2. "Full-time" means an employee who regularly works 30 hours or more each week.
    3. "Injured in the line of duty" means an injury which arises out of or in the course of employment. Going to or from work shall not be considered in the line of duty.
    4. "State employee" means a full-time employee of an agency.
  2. Any state employee who becomes physically disabled as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section.
  3. Any person injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, firefighter, or officer shall be required to submit to his department head satisfactory evidence of such disability.
  4. Benefits made available under this Code section shall be subordinate to any workers' compensation benefits which the employee is awarded and shall be limited to the difference between the amount of workers' compensation benefits actually paid and the amount of the employee's regular compensation.
  5. Any employee of the Department of Corrections, employee of the Department of Community Supervision, employee of the State Board of Pardons and Paroles, employee of the Department of Natural Resources, employee of the Department of Revenue, or law enforcement officer who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section.
  6. This Code section shall not apply to employees of the Department of Transportation covered by Code Section 32-2-7.

(Code 1981, §45-7-9, enacted by Ga. L. 1986, p. 1491, § 1; Ga. L. 1988, p. 738, § 1; Ga. L. 1992, p. 2966, § 1; Ga. L. 2002, p. 660, § 4(15); Ga. L. 2002, p. 1259, § 11(15); Ga. L. 2015, p. 422, § 5-93/HB 310.)

The 2015 amendment, effective July 1, 2015, inserted "employee of the Department of Community Supervision," in subsection (e).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, the definitions in subsection (a) were alphabetized.

Editor's notes.

- Ga. L. 1992, p. 2966, § 4, not codified by the General Assembly, provides that: "Section 1 of this Act shall be repealed in its entirety 30 days after it becomes effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that any benefit granted prior to the repeal of the Act shall continue to exist beyond the date of such repeal." The Governor approved this Act on May 4, 1992.

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

ARTICLE 2 REIMBURSEMENT OF EXPENSES

Cross references.

- Motor vehicles and aircraft for use by state officials, T. 50, C. 19.


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