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Is workers' comp required for small businesses in Georgia?
In most cases, yes, once your business regularly employs three or more people, counting full-time and regular part-time workers. Some situations and trades have their own wrinkles, so check before you guess.
Who counts
According to the Georgia State Board of Workers' Compensation (SBWC):
- Regular part-time employees count, including people who work only weekends or come back each season.
- If your business is a corporation or LLC, officers and members count as employees.
- Up to five officers or members can waive coverage on themselves by signing Form WC-10 and filing it with the insurance carrier. Exempt officers still count toward the three-employee number.
- Sole proprietors and partners are treated as employers, not employees. They can choose to be covered by notifying their insurance carrier in writing.
What workers' comp does
It helps pay medical bills and lost wages if an employee is hurt on the job. Benefits and terms depend on Georgia law and on the policy.
Under three employees?
You may not be required by law to carry it. But a general contractor or client may still require it in your contract, and a WC-10 is not a state-issued exemption certificate. A contractor may also be liable for an uninsured subcontractor's employees. Some owners buy a minimum-premium policy for that reason, depending on carrier eligibility.
Not sure where you stand?
Employee counts, subcontractors and family help can get confusing. Call us at (478) 453-3530 or stop by our Milledgeville office. We'll walk through it with you and compare options from the companies we represent. For legal questions, the SBWC is the official source.