Coverage for Farm Workers: Optional

Limitations: Employer may elect to provider workers' compensation coverage.

Statute: Ga. Code Ann. § 34-9-2(a)(2) (2009) ("This chapter shall not apply to . . . farm laborers.")

Coverage for Undocumented Workers: Yes

Case Law: Earth First Grading & Builders Ins. Group/Ass'n Servs., Inc. v. Gutierrez, 606 S.E.2d 332 (Ga. Ct. App. 2004) (holding that phrase "every person" used in workers' comp statute defining "employee" includes illegal aliens).

Benefits Available for Undocumented Workers: Undocumented workers are eligible for temporary total disability. Earth First Grading & Builders Ins. Group/Ass'n Servs., Inc. v. Gutierrez, 606 S.E.2d 332, 336 (Ga. Ct. App. 2004) (holding that worker qualified for temporary total disability because his injury restricted his work ability and the employer failed to show that suitable light-duty work had been made available); Dynasty Sample Co. v. Beltran, 479 S.E.2d 773, 775 (Ga. Ct. App. 1996) (affirming an award of total temporary disability benefits to an undocumented worker). Undocumented status does not render a worker unable to accept meaningful work. Earth First Grading & Builders Ins. Group/Ass'n Servs., Inc., 606 S.E.2d at 335. Wet Walls, Inc. v. Ledezma indicated that undocumented workers might also be entitled to permanent partial disability payments. 598 S.E.2d 60 (Ga. Ct. App. 2004).