Georgia workers’ comp requirements: 5 things every business should know

Georgia’s workers’ compensation law has been on the books since 1920, but business owners may not be aware of the state’s unique regulations. Here’s what businesses should know about Georgia workers’ compensation laws.

Quick summary:

• Georgia requires workers’ comp insurance once a business has three or more employees — full-time, part-time or seasonal.
• Injured employees have 30 days to report an injury to their employer.
• Georgia is a no-fault state, meaning benefits generally don’t depend on who caused the accident.
• Sole proprietors and business partners aren’t required to carry coverage for themselves.
• Businesses can earn a 7.5% premium discount by running a certified drug-free workplace program.

How long do you have to report a workplace injury in Georgia?

An injured employee has 30 days from the date of the injury to report it to their employer, per Georgia’s official guidance on filing a workers’ comp claim. That said, 30 days is the legal deadline, not a target. Reporting immediately, ideally the same day, gets the employee into care faster and keeps the claim from stalling before it even starts. See how to file a first report of injury for a full walkthrough of the process.

Once an employer learns of the injury, the insurer has 21 days to file Form WC-1 with the State Board of Workers’ Compensation, either accepting the claim, denying it, or reporting it as medical-only. The faster everyone moves (reporting, documenting, filing), the smoother the claim goes for the employee and the business.

Is Georgia a no-fault workers’ comp state?

Yes. In Georgia, fault doesn’t decide whether a workers’ comp claim gets paid. If an employee is hurt on the job, they’re generally entitled to benefits regardless of who caused the accident, no lawsuit, no proving negligence.

That protects both sides. Employees don’t have to fight for compensation, and employers aren’t stuck defending themselves in court over every workplace accident. One exception: if an insurer can show an injury was caused by the employee’s own intoxication or willful misconduct, Georgia law allows the claim to be denied entirely, not just reduced.

‍How many employees does a business need in Georgia before workers’ comp is required?

Georgia requires workers’ compensation coverage once a business regularly employs three or more people. Full-time, part-time or seasonal work all count toward that number, according to the State Board of Workers’ Compensation. It doesn’t matter how few hours someone works or what they’re paid; if they’re regularly on the payroll, they count.

A few groups are excluded, such as:

• Independent contractors
• Domestic workers employed in a private home
• Agricultural and farm laborers
• Casual labor under a certain threshold

If a business is incorporated or set up as an LLC, officers and members are counted as employees for the three-person threshold, even though up to five of them may choose to waive coverage for themselves. See our full breakdown of Georgia exemptions for how this works in practice.

‍Do sole proprietors need workers’ comp in Georgia?

No. Sole proprietors and business partners aren’t classified as employees under Georgia law, so they’re not required to hold a policy on themselves, even after the business crosses the three-employee threshold. Read more about who’s exempt in Georgia if this applies to you.

That said, plenty of owners choose coverage anyway. If an owner is doing the same physical work as their crew, a policy protects their own medical bills and lost income the same way it protects everyone else’s.

Can Georgia businesses get a discount on workers’ comp premiums?

Yes. Georgia offers a 7.5% premium discount to businesses that implement a certified drug-free workplace program through the State Board of Workers’ Compensation.

To qualify, a business needs to:

• Set up a compliant program (policy, testing, employee education and supervisor training)
• Get certified by the State Board
• Notify its insurer in writing and recertify annually

It’s not a huge lift for a business already committed to running things safely, and it puts real money back in the budget every year. It’s also not the only option available; a strong safety record and clean claims history improve your experience modification factor over time, too, which can lower your premium even further.

‍Get workers’ comp coverage that works as hard as you do

Georgia businesses have enough to keep track of. Workers’ comp shouldn’t be the thing that slows you down.

EverPeak provides workers’ compensation coverage backed by A-rated carriers, over 100 years of underwriting experience and human-backed support. Get a quote and certificate of insurance online in minutes — no agent call required.