Georgia Workers' Compensation Law: Who Is & Is Not Covered?

In Georgia, any company or business that regularly hires three or more employees, in any mix of full-time and part-time positions, must provide those employees workers’ compensation coverage. A business will have the option to purchase workers’ comp insurance from a licensed third-party company, or it can go through state-level agencies to be able to self-insure its employees. Regardless of how the insurance is managed, this low threshold coverage requirement means that the majority of employees in Georgia should have workers’ compensation coverage.

The majority certainly does not mean all employees, though. There are notable exemptions from the state’s workers’ compensation requirements.

If you are any of these types of workers, you probably aren’t covered by workers’ compensation:

  • “Casual” or called-when-needed workers
  • Domestic workers, such as most caretakers and babysitters
  • Real estate agents that earn commission
  • Taxi and ridesharing drivers
  • Worker on a farm or agricultural site
  • Workers employed by a church or religious institution

Am I Supposed to Be Getting Workers’ Comp?

It is entirely possible that you are not covered by workers’ compensation coverage but should be. An employer might incorrectly label your job description with tax agencies, make a mistake when purchasing the insurance, or intentionally cut you out to try to save money. Some careers are also in a bit of a legal gray area, and it can be hard for an employer to discern if you should be covered or not.

Five indicators that you should probably be covered by workers’ compensation, aside from the fact that your employer has more than two employees, are:

  1. You follow a work schedule that is unchanging, or you must follow it to avoid penalty.
  2. You are expected to complete work only for your employer while “on-the-clock”.
  3. You do not or are not permitted to market your services personally.
  4. You do not own the tools, equipment, or electronics you regularly use to complete your tasks.
  5. You must complete any and all job requests from your employer, or else could be penalized.

Figuring out if you should have workers’ compensation coverage can be difficult. Bringing a claim against an employer that has left you out of rightful coverage can be even trickier. But you can make it simple by working with The Law Offices of Nathaniel F. Hansford, LLC and our Atlanta workers’ compensation attorneys. Contact our firm at any time to request a free case analysis with our team.

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