Georgia workers' compensation insurance: Your ultimate guide

Understanding Georgia workers' compensation insurance

Georgia’s workers’ compensation laws require any business with three or more employees to be covered by an active workers’ compensation insurance policy. 

If you’re a business owner in Georgia, it’s crucial to protect yourself, your business and your employees with workers’ compensation insurance. 

What is workers' compensation?

Workers' compensation is designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.

Without workers’ compensation, the cost of a work-related injured or ill employee’s medical treatment could become the responsibility of your business.

Georgia workers' compensation laws

The State of Georgia's Workers' Compensation System is a no-fault system. Employees injured on the job are generally entitled to benefits regardless of who's at fault. This system is designed to help injured employees efficiently receive workers' compensation benefits so that an employee may recover from the effects of the work injury and return to work.

In Georgia, employers with three or more employees, whether part-time, full-time or seasonal, are required to maintain workers' compensation insurance.

Penalties for failing to provide workers’ compensation in Georgia include:

  • Fines ranging from $500-$5,000 per violation
  • Misdemeanor charges against the offending corporate executive or business owner
  • Potential jail time of up to one year
  • Additional criminal fines ranging from $1,000-$10,000

Coverage and benefits

Who is covered?

An employee working within the course and scope of employment at the time of the injury may be entitled to workers' compensation benefits. Workers' compensation benefits may include medical treatment and wage replacement.

Workers' compensation insurance covers a wide range of workers, including full-time and part-time employees, as well as seasonal and temporary workers.

Who’s exempt from workers’ compensation?

Some exemptions from workers' compensation in Georgia may include, for example:

1. Railroad workers

2. Farmers and farm workers

3. Federal government employees

Benefits provided

Georgia workers’ comp insurance provides three types of benefits for work injuries:

  • Medical benefits
  • Lost wages
  • Permanent disability

These benefits cover:

  • Work-related accidents, injuries and/or illnesses 
  • Missed wages resulting from time away from work for recovery
  • Ongoing care costs for work-related injuries or illnesses
  • Funeral costs for fatal work-related illness or accidents
  • Permanent disability benefits

Georgia workers’ compensation rates

If workers are away from work for more than seven days because of a work-related injury or illness they are eligible to receive weekly income benefits. These are two-thirds of their average weekly earnings and a max of $800 weekly. 

Georgia workers’ compensation cost

Several factors influence the cost of workers' compensation insurance in Georgia, such as:

  • Industry: Different industries have varying risk levels, affecting your premium.
  • Payroll: The size of your payroll impacts your premium – more employees, higher cost.
  • Claims History: Your past claims history can sway the cost – a clean track record can save you money.
  • Safety Measures: Implementing safety measures can actually lower your premium, making it a win-win for your team and your budget.

Georgia workers' compensation insurance process

Georgia’s workers’ comp claims process

In the event of a work-related injury or illness, employees must promptly notify their employer and seek medical attention. 

In Georgia, workers have 30 days from the day of the accident to report an injury to their employer. 

Employees are responsible for reporting the incident to their employer and the Georgia State Board of Workers' Compensation (SBWC). The injured employee should complete the necessary forms and provide supporting documentation to initiate the claims process.

According to the Georgia government website, employees should take the following steps when suffering a work-related injury or illness:

  • Within 30 days of the accident or onset of illness, fill out the WC-14 form. Be sure to provide your name and address and the complete name and address of your employer and their insurance company, a detailed explanation of your injury and what benefits you are seeking.
  • Submit the forms in person or through mail at the address listed on the form in Section E (“Certificate of Service”).
  • Send copies of the form to your employer and their workers' compensation insurance partner.
  • Notification of benefits: Your employer’s insurance claim office will notify you if your benefits were approved and provide notification of the type of benefits you may receive. 
  • If you disagree with the approved benefits or if your claim was denied, you have the right to request a hearing from SBWC .
  • Medical treatment: To remain eligible for benefits, get the medical or rehabilitation care ordered by your physician or SBWC In order to remain eligible for benefits, you must return to work when your physician determines you are able, even if you must get a different job as a result of your injury.
  • Return to work: You must return to work when your physician determines you are able to, even if you must get a different job as a result of your injury. This is also required to remain eligible for benefits.

How to get workers' compensation

Insurance requirements for employers

Generally, employers in Georgia with three or more employees must carry workers' compensation insurance or qualify for self-insurance, depending on their size and industry. Compliance with these requirements is essential to protect both the employer and employees.

Choosing the right insurance provider

When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.  

It's advisable to request multiple quotes and compare the offerings before deciding.

Covering your business and employees with a trusted partner — like EverPeak—brings peace of mind so you can focus on your bottom line.

Insurance regulations, laws, and available coverages can change. The information provided on this website is for general informational purposes only. Please consult the
Georgia
Departments of Insurance and/or Labor for the most up-to-date and detailed information.

Information updated as of January 1, 2024
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Frequently asked questions

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What are the penalties for non-compliance with workers' compensation laws in Georgia?

Non-compliance with workers' compensation laws in Georgia can result in severe penalties for employers. These penalties may include fines, criminal charges, and even imprisonment. Additionally, non-compliant employers may lose certain legal protections and defenses in case of a workplace injury or illness claim.

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How do I verify an employer’s coverage?

Employees can verify online if their employer has coverage through the state's online search tool.

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How long do I have to report a work-related injury or illness?

Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure that the necessary steps can be taken to initiate the workers' compensation claims process in a timely manner.

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Are independent contractors covered by workers' compensation insurance?

Generally, independent contractors are not covered by workers' compensation insurance in South Carolina.

Workers' compensation laws typically apply to employees rather than independent contractors.

However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If you are unsure about your classification, it's advisable to seek legal guidance.

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Can an employee sue their employer for a work-related injury or illness?

In most cases, employees in Georgia are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.

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