Georgia Workers’ Comp Exemption
We file workers’ compensation exemptions for Georgia sole proprietors, LLC members, and corporate officers. Send us your details and we’ll confirm whether you qualify and handle the filing.
When coverage is required in Georgia
Employers who regularly employ 3 or more persons — including part-time or regular seasonal workers — must carry workers' compensation coverage. Exempting officers or LLC members does not reduce the count below this 3-person threshold.
Who can be excluded in Georgia
Sole proprietors
Treated as an employer, not an employee, by default — no coverage obligation for themselves. May elect to be covered as an employee by advising their insurer (or the Board, if uninsured) in writing on Form WC-10.
Partners
Same treatment as sole proprietors — not automatically an employee by default; may elect coverage via Form WC-10.
LLC members
Counted as employees by default. Any officer or LLC member — maximum of 5 per entity — may exempt themselves from coverage by filing Form WC-10 with the insurer (or the Board, if uninsured).
Corporate officers
Same as LLC members — counted as employees by default; up to 5 officers/members total per entity may waive coverage via Form WC-10. Exempted officers still count toward the employer's 3-person coverage threshold.
How the exemption is filed
Georgia has no state-issued exemption certificate or public registry like Florida's. A single form, WC-10 ('Notice of Election or Rejection of Workers' Compensation Coverage'), serves both directions: sole proprietors/partners use it to elect INTO coverage, and corporate officers/LLC members (up to 5 per entity) use it to elect OUT. It is filed with the employer's insurance carrier, or with the State Board of Workers' Compensation directly if there is no insurer. No fee was identified in the sources reviewed.
- Market
- Competitive — coverage is bought from a private carrier.
Notes and open questions
I did not confirm a specific Official Code of Georgia Annotated (O.C.G.A. Title 34) section number on a page I directly loaded — the sbwc.georgia.gov Employer Information and FAQ pages state the substantive rules but did not display statute citations in the text I could extract, so statuteCite is left null rather than guessed. No Georgia-specific construction carve-out (unlike CO/FL/DE) was found on the official pages reviewed; Georgia's coverage/exemption rules appear to apply uniformly across industries.
Sources
- https://sbwc.georgia.gov/employer-information
- https://sbwc.georgia.gov/frequently-asked-questions/workers-compensation-insurance-faqs
- https://sbwc.georgia.gov/document/board-form/wc-10/download
Source material dated Current as of live sbwc.georgia.gov pages; accessed 2026-08-30. Compiled from official Georgia sources as a starting point, not legal advice — rules change, and your situation may turn on facts this page cannot see. Confirm with Georgia State Board of Workers' Compensation or ask us and we’ll check it for you.
Workers' comp exemption filing in Georgia
Tell us about your Georgia business and we'll confirm whether you qualify for an exemption.