Worker’s Compensation
How many employees must I have in order to be required to provide workers' compensation insurance?
If you regularly employ three or more persons in your Georgia business, you are required to provide the benefits.
Does this include part-time employees?
Yes, as long as they are regular.
A regular part-time employee works regularly on a part-time basis. Such as employees who only work on weekends.
If my business is incorporated, am I or my fellow officers considered to be employees of the business?
Yes. The corporation is considered to be the employer and all officers are considered to be employees of the business.
Can officers waive coverage on themselves?
Yes. As many as five officers may waive coverage on themselves. Each such officer must complete and sign a form WC-10 and file it with their insurance carrier.
If one or more officers waive coverage, does this exempt them from being counted in the "three or more employees" rule? (See FAQ 1)
No. Officer exemptions do not reduce the number of employees of the corporation.
What if I am operating my business as a sole proprietorship or partnership?
The Georgia Law considers sole proprietors and partners to be employers not employees, just the opposite of corporations. However, they can elect to be covered as an employee by advising their insurance carrier in writing.
How can I learn more about the law regarding Workers' Compensation in Georgia?
Consider purchasing Georgia Workers’ Compensation Laws, Rules and Regulations Annotated. This book can be ordered from Lexis-Nexis. For details, you may call them at 1-800-833-9844.
How can I contact the Georgia Workers' Compensation Assigned Risk Plan?
The Georgia Workers’ Compensation Assigned Risk Plan is administered by the National Council on Compensation Insurance (NCCI). Their toll-free telephone number is 1-800-622-4123. Their web site is http://www.ncci.com
Can I purchase insurance from the Georgia State Board of Worker's Compensation?
No. The Georgia State Board of Workers Compensation does not sell worker’s compensation insurance. Please contact us at 770-371-8247.
Does Georgia have a State Fund?
No.
Does being self-insured mean that I don't have to purchase workers compensation insurance, and that I put the money in the bank to pay for my employee's workers compensation injuries?
No. In order to be self-insured, you must be approved as a member of the Georgia Self-Insurers Guaranty Trust Fund and certified by the State Board of Workers Compensation. The application and process are available from the Licensure and Quality Assurance Division of the State Board or from the website for the Georgia Self-Insurers Guaranty Trust Fund (www.gaguaranty.com).