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STATE REQUIREMENTS

When Georgia requires workers’ compensation

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In Georgia, workers' compensation is required once you have three or more employees. Regular part-time employees count. Independent contractors do not when they genuinely run their own business. Up to five corporate officers or LLC members may exempt themselves by filing with the carrier; sole proprietors and partners may elect coverage. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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Georgia rules with sources
TopicThe rule in GeorgiaSource
Who must carry itAny business with three or more regular employees, full- or part-time, must carry workers' compensation; corporate officers count toward the three even when they exempt themselves.O.C.G.A. § 34-9-2, § 34-9-18, § 34-9-126; Georgia State Board of Workers' Compensation — Employers
Who counts as an employeeRegular part-time employees count. Independent contractors do not when they genuinely run their own business.Georgia State Board of Workers' Compensation — Employers
Owners, officers and LLC membersUp to five corporate officers or LLC members may exempt themselves by filing with the carrier; sole proprietors and partners may elect coverage.O.C.G.A. § 34-9-2, § 34-9-18, § 34-9-126
If you go withoutUninsured employers face civil penalties, possible criminal charges, and liability for benefits increased by ten percent.Georgia State Board of Workers' Compensation — Employers

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in Georgia

Any business with three or more regular employees, full- or part-time, must carry workers' compensation; corporate officers count toward the three even when they exempt themselves.

Who counts as an employee

Regular part-time employees count. Independent contractors do not when they genuinely run their own business. The label on the paycheck does not settle it: Georgia applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Up to five corporate officers or LLC members may exempt themselves by filing with the carrier; sole proprietors and partners may elect coverage. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

Uninsured employers face civil penalties, possible criminal charges, and liability for benefits increased by ten percent. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in Georgia. When does the policy have to be in place?

Before the first shift if the threshold is met. Georgia requires coverage once you have three or more employees, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in Georgia?

The form you file does not decide it. Georgia applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in Georgia?

Up to five corporate officers or LLC members may exempt themselves by filing with the carrier; sole proprietors and partners may elect coverage. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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