(a) Each insurer issuing a policy under this chapter shall offer, as
a part of the policy or as an optional endorsement to the policy,
deductibles optional to the policyholder for benefits payable under
this chapter. Deductible amounts offered shall be fully disclosed to
the prospective policyholder in writing in the amount of $100.00,
$200.00, $300.00, $400.00, $500.00, or increments of $500.00 up to a
maximum of $2,500.00 per compensable claim. The policyholder
exercising the deductible option shall choose only one deductible
amount. (b) If the policyholder exercises the option and chooses a
deductible, the insured employer shall be liable for the amount of
the deductible for benefits paid for each compensable claim of work
injury suffered by an employee. The insurer shall pay all or part
of the deductible amount, whichever is applicable to a compensable
claim, to the person or provider entitled to the benefits conferred
by this chapter and then seek reimbursement from the insured
employer for the applicable deductible amount. The payment or
nonpayment of deductible amounts by the insured employer to the
insurer shall be treated under the policy insuring the liability for
workers' compensation in the same manner as payment or nonpayment of
premiums. (c) Optional deductibles shall be offered in each policy insuring
liability for workers' compensation which is issued, delivered,
issued for delivery, or renewed under this chapter on or after July
1, 1990, unless an insured employer and insurer agree to renegotiate
a workers' compensation policy in effect on July 1, 1990, so as to
include a provision allowing for a deductible. (d) Premium reduction for deductibles shall be determined before the
application of any experience modification, premium surcharge, or
premium discounts. To the extent that an employer's experience
rating or safety record is based on benefits paid, money paid by the
insured employer under a deductible as provided in this Code section
shall not be included as benefits paid so as to harm the experience
rating of such employer. (e) This Code section shall not apply to employers who are approved
to self-insure against liability for workers' compensation or group
self-insurance funds for workers' compensation established pursuant
to Article 5 of this chapter. |