Georgia workers' compensation insurance: Your guide to requirements and getting a policy

If you’re a Georgia employer looking to protect both your business and your team, you’re in the right place. At Beyond, we provide the essential information you need to understand how workers’ compensation works and how to stay compliant.

Why Workers’ Compensation in Georgia Deserves Your Attention

Workers’ compensation acts as a financial safety net – for both businesses and employees. If an employee gets hurt or falls ill due to work, the insurance typically helps cover medical bills, lost wages, and rehabilitation. For employers, it offers legal protection from most lawsuits related to job-related injuries or illnesses.

Who Needs to Provide Workers’ Comp in Georgia?

In Georgia, most businesses that regularly employ three (3) or more workers, including regular part-time employees, are required to carry workers’ compensation insurance. If your business is incorporated or an LLC, corporate officers and LLC members are included in the employee count, and exemptions do not reduce the headcount used to determine whether coverage is required.

Corporate officers and LLC members are considered employees of the company. However, up to five (5) officers/members may elect to reject coverage for themselves by filing Form WC-10 with the insurance carrier, but these exemptions still do not reduce the employee count for determining whether the employer must carry coverage.

Sole proprietors and business partners are not considered employees unless they choose to be included in the policy and notify the insurer (also commonly done via Form WC-10). If you hire employees, you must still maintain coverage for your workforce.

Are There Any Exceptions?

Yes, Georgia recognizes certain exceptions to coverage requirements. For example, exceptions may include railroad carriers, U.S. government agencies, farm laborers, and domestic servants.

Even when an exception may apply, employers should confirm obligations based on the specific work being performed and the relationship with the worker. Also, if you are a contractor who sublets work to a subcontractor, you may be liable for workers’ comp coverage for the subcontractor’s employees if the subcontractor does not maintain required coverage.

What Does Workers’ Comp Typically Cover?

In Georgia, standard policies include:

  • Partial wage replacement

  • Coverage for medical care

  • Rehabilitation services for job-related injuries or occupational illnesses

If an Employee Gets Hurt, What’s the Process?

Employees should report any workplace injury or illness to a supervisor immediately. Waiting more than 30 days to report an accident can jeopardize the employee’s right to benefits.

As soon as the employer becomes aware of an injury, the employer must complete an Employer’s First Report of Injury or Occupational Disease (Form WC-1) and file it with the insurer’s (or self-insurer’s) claims office. If the injury results in seven (7) or more days of lost time, it must be reported to the State Board within 21 days of the employer’s knowledge of disability.

Employers must also help employees access medical care through the posted Panel of Physicians (traditional panel) or the employer’s Workers’ Compensation Managed Care Organization (WC/MCO) arrangement, if applicable. Employees generally select a treating provider from the posted options and may make one change within the panel without approval.

If an employee believes benefits are not being provided, they may need to file a claim (Form WC-14) with the State Board to protect their rights.

How Do Employers Get Workers’ Comp Insurance in Georgia?

Georgia employers typically secure workers’ compensation coverage in one of two ways:

1) Purchase a policy through a licensed workers’ compensation insurance carrier.
Most employers work with a broker/agent or shop directly with carriers authorized to write workers’ compensation insurance in Georgia.

2) Qualify to self-insure (with state approval).
Employers seeking self-insured status must apply with the State Board and submit three years of audited financial statements along with a non-refundable $500 application fee payable to the Georgia Self-Insurers Guaranty Trust Fund. If approved, the employer will be required to post security (such as a surety bond or letter of credit) in an amount determined after review of the application and financials.

If you use subcontractors, make sure they maintain proper workers’ compensation coverage, contractors can be held responsible for coverage for a subcontractor’s employees if the subcontractor fails to obtain required insurance.

What if You Don’t Have Coverage?

Failing to secure required workers’ compensation coverage can expose Georgia employers to serious consequences. Employers who do not provide coverage as required may still be held responsible for compensable injuries just as if they were insured. In addition, the State Board may assess attorney’s fees, civil penalties, and a 10% increase in compensation to the employee if the employer refuses or willfully neglects to secure insurance.

The State Board may also assess civil penalties for failure to provide coverage, and knowingly making false or misleading statements to obtain or deny benefits can trigger additional civil penalties. Willfully neglecting to secure coverage may be prosecuted as a misdemeanor, with potential fines and/or imprisonment.

Important: Employers generally may not deduct workers’ compensation premium costs from employee wages.

Posting Requirements for Georgia Employers

Georgia employers must post workers’ compensation notices in a conspicuous place at each worksite. This includes: (1) a notice reflecting compliance with the law (including the name of the insurance company, or the certificate of self-insurance if applicable), (2) the State Board of Workers’ Compensation Bill of Rights for the injured worker, and (3) a Panel of Physicians (P1) or a WC/MCO notice (P3), depending on how medical care is provided.

These notices and forms can be obtained through the State Board of Workers’ Compensation.

These notices and forms can be obtained through the State Board of Workers’ Compensation.

Need More Info?

Workers’ Comp Is a Smart Investment

Having a policy isn’t just about following the rules. It protects your people and your business. Employees get the care they need. Employers get peace of mind knowing they’re protected from lawsuits and financial risk.

If you’re ready to set up workers’ compensation coverage or just want help understanding your options, Beyond is here to support you.