Workers’ Compensation Georgia

Jump ahead to learn: 

• Is Georgia Workers’ Compensation insurance required?
• What are Georgia Workers’ Compensation laws?
• How does Workers’ Compensation in Georgia work?
• What can Workers’ Comp insurance in GA include?
• Who qualifies for an exemption from Georgia Workers’ Comp insurance?
• How much does Georgia Workers’ Compensation insurance cost?
• How ERGO NEXT helps protect Georgia business owners

Is Georgia Workers’ Compensation insurance required?

Workers’ compensation insurance is required by law in Georgia for most businesses with three or more employees, both full-time and part-time. 

Workers’ compensation insurance is also a mandatory requirement for some professional licenses and contracts. For example, general contractors in Georgia may be required to provide proof of workers’ compensation and general liability insurance as part of licensing, permitting or contract requirements.

In addition, many clients require a certificate of insurance (COI) as proof of your workers’ comp and other coverage before they’ll work with you.

Even if workers’ comp isn’t a requirement, almost every business could benefit from the financial protection of workers’ compensation insurance.

What are Georgia Workers’ Compensation laws?

Here are some key Georgia workers’ compensation laws, per the Georgia State Board of Workers’ Compensation (SBWC):  

• All Georgia employers with three or more employees — full-time or part-time — must carry workers’ compensation insurance.
• Coverage applies from an employee’s very first day on the job.
• Employers must post a visible panel of at least six physicians in the workplace, including at least one orthopedic surgeon and no more than two industrial clinics. Injured workers can choose their treating physician from this panel.
• Employers must also post a notice of compliance with the Workers’ Compensation Act and the State Board’s Bill of Rights for Injured Workers in a conspicuous workplace location.
• Employees must report work-related injuries to their employers immediately — and no later than 30 days after the incident.
• Injuries involving seven or more days of lost work time must be reported to the SBWC within 21 days.
• Employees have one year from the date of injury or the date of last authorized medical treatment to formally file a workers’ compensation claim (Form WC-14) with the SBWC.
• Employers are not permitted to require employees to contribute to the cost of their workers’ comp coverage.
• Failing to carry required workers’ comp coverage can result in civil penalties of $500 to $5,000 per violation. Willful failure to secure coverage is a misdemeanor, punishable by fines of $1,000 to $10,000 and up to 12 months imprisonment.

While these are some of the more important requirements, they are not a complete overview of the workers’ comp laws that may apply to your business. You should always consult an attorney or legal professional if you have any questions about your specific situation.

How does Workers’ Compensation in Georgia work?

If an employee suffers a work-related injury or illness, Georgia workers’ compensation provides a structured process to help get them the care and benefits they need. GA workers’ comp can also help protect the business from the financial fallout of a workplace accident.

Here’s how the process generally works, per the Georgia State Board of Workers’ Compensation (SBWC):

1. Report the injury. Employees must report the work-related injury to their employer immediately — and no later than 30 days after the incident. Waiting longer than 30 days could result in lost benefits. Once notified, employers must complete Form WC-1 (Employer’s First Report of Injury) and file it with their insurer’s claims office immediately.
2. Direct to medical care. One of Georgia’s most distinctive requirements is its panel of physicians. Georgia employers are required to post a panel of at least six physicians in a conspicuous location at their workplace. The panel must include at least one orthopedic surgeon and no more than two industrial clinics. When an employee is injured, they choose a doctor from the posted panel for their initial treatment. It’s important to keep the panel current and to keep employees informed.
3. The insurer reviews the workers’ compensation claim. The insurance carrier reviews the claim and determines what workers’ compensation benefits apply based on the nature and severity of the injury. Injuries involving seven or more days of lost time must be reported to the SBWC within 21 days of the employer’s knowledge of disability.
4. Benefits are paid. Depending on the outcome, the insurance company will coordinate payment for authorized medical treatment — including doctor’s visits, hospitalization, surgery, prescription drugs and physical therapy — as well as a portion of lost wages if the employee can’t work.
5. The employee returns to work or receives ongoing benefits. When medically cleared, the employee returns to their role. If the injury results in a permanent impairment or prevents them from returning to work, ongoing disability benefits or a workers’ comp settlement may apply. Settlements in Georgia can be paid as a lump sum or as a structured monthly or annual payment.

If you own a small HVAC company in Atlanta and a technician breaks their arm on the job, workers’ compensation could help cover the emergency room visit, surgery, follow-up care and a portion of their wages while they’re out — without those costs falling on your business.

Georgia workers’ compensation operates under a no-fault system, meaning the employee doesn’t need to prove the business is at fault to receive benefits. When an employee accepts workers’ comp benefits, they generally waive the right to sue their employer for negligence related to that injury. This can be an important legal safeguard for a business.

What can Workers’ Comp insurance in GA include?

Georgia workers’ comp insurance could help pay for expenses related to work-related illness or injuries for employees. And business owners can opt to cover themselves by adding business owners coverage to their policy.

If an employee is injured on the job, workers’ compensation insurance could include coverage up to the policy limit for:

• Emergency treatment and medical expenses.
• Lost wages income benefits.
• Death and survivor benefits.

• Retraining if the employee can no longer do their job.
• Permanent injury or disability benefits.

For example: if you own a small restaurant in Savannah and a cook suffers a burn injury that requires surgery and two months off work, workers’ compensation could help cover the medical costs and a portion of their lost wages while they recover.**

Workers’ compensation generally doesn’t cover injuries or illnesses that aren’t work-related, or injuries caused by certain forms of willful misconduct or intoxication.

State of Georgia Workers’ Comp income benefits

According to the Georgia State Board of Workers’ Compensation, Georgia workers’ comp income benefits depend on the nature and severity of the injury.

The four benefit types include:

1. Temporary total disability (TTD): If a doctor confirms an employee can’t work at all, they can receive two-thirds (66.67%) of their average weekly wage, up to a maximum of $800 per week. There’s a seven-day waiting period before benefits begin, but if the disability lasts more than 21 days, the employee will be compensated for that initial waiting period, too. For non-catastrophic injuries, TTD benefits may continue for up to 400 weeks from the date of injury.
2. Temporary partial disability (TPD): If an employee is able to return to work but earns less because of their injury, they may receive temporary partial disability benefits to help offset part of the difference in wages. Benefits may be paid for up to 350 weeks from the date of injury.
3. Permanent partial disability (PPD): If an employee has a lasting impairment after reaching maximum medical improvement (MMI), they may qualify for permanent partial disability benefits. The amount and duration of benefits are based on the impairment rating assigned by the authorized treating physician using the American Medical Association’s Guides to the Evaluation of Permanent Impairment.
4. Catastrophic injuries: Certain severe injuries may be designated as catastrophic under Georgia workers’ compensation law. Employees with catastrophic injuries may be entitled to lifetime medical treatment and ongoing income benefits if they remain unable to return to suitable employment. In other states, this benefit type is often translated as permanent total disability (PTD).

Benefit amounts and eligibility requirements can change over time. For the most current information, consult the Georgia State Board of Workers’ Compensation or a qualified legal professional.

Georgia Workers’ Comp insurance settlements

Once the state board reviews and approves a workers’ compensation claim, there are two options for workers’ compensation settlements:

1. In liability settlements, an insurance company agrees to resolve the claim and there are typically no disputes about the accident and your injury.
2. In non-liability settlements, the claim is resolved but there are outstanding questions or a dispute about benefit eligibility.

Settlements in Georgia can either be a lump-sum single payment or a structured settlement paid out monthly or annually for a specific period of time.

Death benefits in Georgia Workers’ Comp

In the unfortunate situation that an employee dies as a result of a covered workplace injury, their dependents are eligible for weekly benefits equal to two-thirds of the deceased worker’s average weekly wage. The total amount payable varies depending on the dependent’s relationship to the deceased and their circumstances. For example, a widowed spouse with no dependent children is limited to a total of $320,000 unless they remarry.

Dependents who may qualify for death benefits include:

• A surviving spouse
• Unmarried children under 18, or under 22 if enrolled full-time in a post-secondary institution
• Dependent stepchildren

Georgia workers’ comp death benefits can also cover burial expenses up to $7,500.

Who qualifies for an exemption from Georgia Workers’ Comp insurance?

Some businesses can qualify for Georgia workers’ comp exemptions, but they are limited. Here’s who may qualify, according to the Georgia State Board of Workers’ Compensation:

• Sole proprietors and partners aren’t automatically covered under Georgia workers’ comp law and aren’t required to carry it for themselves. But if they want coverage, they can elect to be included.
• If your business is structured as a corporation, up to five officers — including the CEO — can be excluded from a workers’ comp policy. These exempted individuals won’t be eligible to receive benefits after an injury. Importantly, exempted officers and LLC members still count toward the three-employee threshold that triggers the coverage requirement for the business as a whole.

Other categories that are generally exempt from Georgia workers’ compensation include:

• Federal government employees (covered under federal law)
• Railroad workers (covered under federal law)
• Agricultural farm laborers (in most cases)
• Domestic servants

Even if your business role qualifies for an exemption, workers’ comp in Georgia is still worth considering, especially if you operate a higher-risk business like construction. One serious workplace accident could create costs that far exceed the cost of a policy.

Learn more about workers’ comp exemptions. 

How much does Georgia Workers’ Compensation insurance cost?

Workers’ compensation costs vary across industries. Factors that could influence the price you pay could include:

• Your number of employees and the type of work they do.
• Your total payroll.
• Your insurance claims history and workplace safety record.
• The locations in Georgia where your employees work.
• Your workers’ compensation class codes, which classify job roles by risk level.

Georgia operates a competitive workers’ compensation market, meaning you buy coverage from private insurers rather than a state-run fund. This means businesses can shop around for the best rates.

To see the exact cost of workers’ compensation coverage for your business, get a free,no-obligation quote from ERGO NEXT.

How ERGO NEXT helps protect Georgia business owners

ERGO NEXT has Georgia workers’ compensation insurance that’s fast and flexible – and you can buy it 100% online in about 10 minutes.

Share unlimited certificates of insurance at no extra cost, and manage your policy 24/7 via web or mobile app.

If you have questions, our licensed, U.S.-based insurance professionals are available to help.

Start a free quote with ERGO NEXT.

• Small business insurance in Georgia
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• What to do when an employee is injured at work
• Does a sole proprietor need Workers’ Compensation insurance?
• How to file a Workers’ Comp claim
• What is a Workers’ Compensation audit?
• How does a Workers’ Comp claim affect the employer?
• What is a monopolistic state for Workers’ Comp?
• What is a Workers’ Comp exemption?