Georgia’s getting a lot tougher on workplace violence. A new law, Senate Bill 123, kicks in on January 1, 2026, and it’s a big deal for employers and employees. The bill changes O.C.G.A. Section 34-8-1 and O.C.G.A. Section 34-9-15, creating new reporting rules and making more injuries eligible for workers’ comp. For businesses, this means your entire approach to safety has to change.
Key Takeaways
- Senate Bill 123 goes into effect Jan 1, 2026. It forces employers to create workplace violence prevention programs and report any physical violence or credible threats to the Georgia Department of Labor.
- The definition of “injury” for workers’ comp now includes psychological trauma from workplace violence, making more people eligible for benefits under O.C.G.A. Section 34-9-1.
- If you don’t comply with SB 123’s rules, the State Board of Workers’ Compensation can hit you with fines up to $5,000 per violation.
- If an employee claims psychological distress from workplace violence, they’ll need a diagnosis from a licensed GA mental health professional within 30 days of the incident to qualify for workers’ comp.
Senate Bill 123: A New Era for Workplace Safety
Governor Brian Kemp signed Senate Bill 123 into law on April 15, 2025, setting an effective date of January 1, 2026. The law is designed to push companies from just reacting to violence to actively preventing it. By amending O.C.G.A. Section 34-8-1 (general labor) and O.C.G.A. Section 34-9-15 (workers’ comp), the state is forcing a change. Any employer with 15 or more employees now has to put a formal workplace violence prevention program in place, which means having a risk assessment, training for employees, and a solid incident response plan. The Georgia Department of Labor (dol.georgia.gov) is already posting model programs to help businesses get this done.
And there are teeth to this. If you don’t implement a program, the State Board of Workers’ Compensation (sbwc.georgia.gov) has the authority to fine you up to $5,000 per violation. This is a legal requirement with real financial risk.
Expanded Definition of “Injury” for Workers’ Compensation
One of the biggest changes from SB 123 is how it redefines “injury” under the Georgia Workers’ Compensation Act, O.C.G.A. Section 34-9-1. Before, getting workers’ comp in Georgia was almost entirely about physical harm. Now, the law says psychological trauma and mental health issues like Post-Traumatic Stress Disorder (PTSD), depression, or severe anxiety directly caused by workplace violence can be covered. This means an employee who goes through a violent event but isn’t physically hurt might now be eligible for benefits, including medical care and lost wages.
This is a major change. I’ve seen so many cases over the years where a client suffered real psychological damage from an incident at work but struggled to get their claim approved under the old rules. The law now catches up to the reality of these injuries. For example, a retail worker in Buckhead who is held up at gunpoint but not physically touched can now file a claim for the psychological trauma from the robbery. This is a huge expansion of protections for Georgia’s workers.
Mandatory Reporting and Employer Responsibilities
The updated O.C.G.A. Section 34-8-1 puts a new clock on employers. You now have just 48 hours to report any incident of workplace violence to the Georgia Department of Labor. This isn’t just for physical fights. It covers credible threats and any behavior that makes an employee reasonably afraid for their safety. Your report needs to detail the incident, who was involved, and what you did right after. The state is collecting this data to spot trends and figure out better ways to stop violence before it happens.
On top of reporting, employers have to provide mandatory annual training on how to spot and respond to potential violence. This has to cover things like de-escalation, emergency procedures, and how to report problems without worrying about retaliation. If you’re running a business with multiple sites, like a manufacturer in Dalton or a warehouse near the Atlanta airport, you’ll need to get this training standardized across the board. Having a policy on a shelf isn’t enough anymore. You have to prove you’re actively training your people.
Employee Actions and Claim Procedures
If you’re an employee who’s been through workplace violence, you need to know these new steps. First, tell your employer right away. Second, and this is new, if you’re dealing with psychological injuries, you absolutely must get diagnosed by a licensed Georgia mental health professional, like a psychologist or psychiatrist, within 30 days of the incident. This is non-negotiable. Getting that prompt medical evaluation is what connects the workplace event to your psychological condition, which is what you need to have a valid workers’ comp claim.
The basic claim filing process hasn’t changed much, but proving a psychological injury requires rock-solid documentation. You need to keep detailed records of everything, doctor visits, therapy, and medications. This is where you should seriously consider talking to a lawyer who specializes in Georgia workers’ comp. Insurance carriers can be resistant to these kinds of claims, and working through the system is tough. We’re already seeing more appeals for psychological claims hitting the Fulton County Superior Court, so being prepared from the start is your best bet.
Preventative Measures and Best Practices for Employers
Just meeting the legal minimum isn’t the point. Smart employers will go further. You should be doing regular threat assessments of your workplace and setting up clear, anonymous ways for people to report concerns. This helps build a culture where safety is actually the priority. Think about practical security upgrades like better access control, more cameras, and improved lighting in parking lots, especially if you’re in a busy area like Midtown Atlanta or Perimeter Center.
Working with local law enforcement like the Atlanta Police Department or the Gwinnett County Sheriff’s Office can give you good ideas for your emergency plans. Running regular drills helps everyone know what to do if something bad happens, which is better than figuring it out in the middle of a crisis. A workforce that’s prepared and backed by solid company policies is the best way to prevent violence in the first place.
This law, SB 123, represents a necessary evolution in workplace safety legislation. Employers who embrace these changes will not only comply with the law but also create a safer environment for their employees, which benefits the entire organization. Ignoring these new rules is a bad idea that will come with serious legal and financial consequences.
Georgia’s new workplace violence laws, which start January 1, 2026, reshape employer responsibilities and employee protections. It’s time to get your policies and training programs reviewed and updated to make sure you’re compliant and your people are safe.
When does SB 123, Georgia’s new workplace violence law, take effect?
The law is effective January 1, 2026. All employers must be in compliance by that date.
Is psychological trauma from workplace violence covered by workers’ comp now?
Yes. The amended O.C.G.A. Section 34-9-1 makes it clear that psychological trauma and mental health conditions from workplace violence are covered injuries.
What are the new reporting rules for employers under SB 123?
Employers with 15 or more employees have to report all incidents of physical violence, credible threats, or threatening behavior to the Georgia Department of Labor within 48 hours.
What kind of employee training is required for workplace violence?
Employers have to provide annual training that covers how to recognize and respond to potential violence. This must include de-escalation techniques, emergency procedures, and how to report concerns.
What are the penalties if an employer doesn’t follow the new laws?
The State Board of Workers’ Compensation can issue fines of up to $5,000 per violation for employers who are not in compliance.
