Sole Proprietor: Excluded from coverage/may elect to be included / A partner or sole proprietor is not an employee of the business unless he/she wishes to be included as an employee in the coverage provided and so advises his or her insurance company on Form WC-10. If included the rating payroll used is $42,800 per year 3-1-11, $43,900 as of 3-1-12, $45,600 as of 3-1-13, $47,000 as of 3-1-2014, $47,500 as of 3-1-2015. $50,200 as of 3-1-2017.
Partners: See sole proprietor / Excluded from coverage/may elect to be included. If included the rating payroll used is $42,800 per year 3-1-11, $43,900 as of 3-1-12, $45,600 as of 3-1-13, $47,000 as of 3-1-2014, $47,500 as of 3-1-2015. $50,200 as of 3-1-2017.
Corporate Officers: Included in coverage/may elect to be exempt - Corporate officers and limited liability company members are considered employees of the company. Any officer or member of a limited liability company (maximum of 5) may exempt themselves from coverage by filing a Form WC-10 with their insurance company. The exemptions shall not decrease the number of employees for purposes of determining the employer's obligations under the Workers' Compensation Act. If included the minimum rating payroll used is $800 and the maximum payroll used is $3,300 per week as of 3-1-11, $850 / $3,400 as of 3-1-12, $900 / $3,500 as of 3-1-13, $900 / $3,600 as of 3-1-2014, $900 / $3,700 as of 3-1-2015. $950 / $3,900 as of 3-1-2017.
LLC Members: See corporate officers. If included the minimum rating payroll used is $800 and the maximum payroll used is $3,300 per week as of 3-1-11, $850 / $3,400 as of 3-1-12, $900 / $3,500 as of 3-1-13, $900 / $3,600 as of 3-1-2014, $900 / $3,700 as of 3-1-2015. $950 / $3,900 as of 3-1-2017.
A Note About Forms: Be sure to check with your insurance company for any additional forms they may use for exclusion or inclusion of coverage.
Contractors: A contractor who sublets any part of his or her contract work to a subcontractor may be liable for coverage for the employees of the subcontractor if the subcontractor has not obtained workers' compensation insurance coverage.
Special Notes: Every employer, individual, firm, association, or corporation, regularly employing three or more persons, part-time or full-time, shall provide workers' compensation insurance coverage. Exempted officers of corporations or exempted members of limited liability companies shall not reduce the number of employees for this purpose. "Employee" or "worker" shall include every person, including minors, working full-time or part-time under a contract of hire, written or implied.
Experience Rating Eligibility: Employers in Georgia will receive an experience modification rate or EMR when they meet one of these triggers:
$10,000 in policy premium is generated during the last year or last two years.
$5,000 is the average policy premium generated for more than two years.
Georgia Workers Compensation Subrogation: Subrogation for Georgia Workers Comp is found in the Georgia State Statute 34-9-11.1. The Georgia Statutes are available on a searchable data base. We cannot provide a direct link. This code is found under Title 34 Labor and Industrial Relations, Chapter 9 Workers Compensation Section 11.1. Use the below link to navigate to the searchable data base, search for 34-9-11.1 and you will find this statute and be able to view it online.
Georgia Workers While In Other States; Other States Workers While In Georgia, Extraterritorial, Reciprocity and Non-Compliance: When a Georgia worker is working temporarily in another state, workers compensation coverage for that worker is governed by the extraterritorial provisions found in Georgia statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. Reciprocity governs coverage for a worker from another state who is working temporarily in Georgia. Special rules may apply during catastrophic situations where workers from other states come into Georgia to help with repairs and cleanup. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!
Provisions: Yes - refer to Statute 34.9.242
Duration: Not Specific
Allowed: Yes but there are exceptions - refer to Statute 34.9.121,b,1
Use this link to navigate to the state statute look up. It's not the most friendly so here's the wording that applies for these statutes. Please be sure to check with the state for any changes or updates to these.
Georgia 34.9.242: "Compensation for injury outside of state:
In the event an accident occurs while the employee is employed elsewhere than in this state, which accident would entitle him or his dependents to compensation if it had occurred in this state, the employee or his dependents shall be entitled to compensation if the contract of employment was made in this state and if the employer's place of business or the residence of the employee is in this state unless the contract of employment was expressly for service exclusively outside of this state. If an employee shall receive compensation or damages under the laws of any other state, nothing contained in this Code section shall be construed so as to permit a total compensation for the same injury greater than is provided for in this chapter."
Georgia 34.9.121,b,1: "Application to out-of-state employers; (b) (1) Any employer from another state engaged in the construction industry within this state with a workers' compensation insurance policy issued under the laws of such other state so as to cover that employer's employees while in this state shall be in compliance with subsection (a) of this Code section if: (A) Such other state recognizes the extraterritorial provisions of Code Section 34-9-242; and (B) Such other state recognizes and gives effect within such state to workers' compensation policies issued to employers of this state."
For More Information Contact: Georgia Board of Workers Compensation 404-657-1391.
Didn't find what you're looking for? Search here for more about Georgia rules:
Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.