Not every employee in Georgia qualifies for workers’ compensation benefits.
State law excludes certain workers from mandatory coverage. However, mistakes or misclassifications can prevent injured workers from receiving benefits they are legally entitled to.
If you believe your employer has improperly classified you or exempted you to deny your claim, it’s wise to consult a workers’ compensation lawyer who can verify your eligibility.
Who Is Covered Under Georgia Workers’ Compensation Laws?
Georgia law requires most employers with three or more employees to purchase workers’ compensation insurance.
A company can count its corporate officers among its three employees if it is an LLC or an incorporated company. The law applies to both for-profit and nonprofit companies and covers full-time, part-time, and regularly hired seasonal workers.
What Is a Workers’ Compensation Exemption?
A workers’ compensation exemption is a legal rule that relieves some Georgia employers or certain individuals from the requirement to carry or be covered by workers’ comp insurance.
There are two main exemptions:
- Employee exemptions – Certain workers for whom employers are not required to provide workers’ compensation coverage
- Employer exemptions – Certain jobs or businesses that are not required to carry insurance under the Georgia Workers’ Compensation Act
Who Qualifies for Exemptions From Georgia Workers’ Comp Coverage?
Employers are not required to buy workers’ compensation insurance for:
- Independent contractors – Workers who control their hours and the way their work is done and are paid at a set price per job or per unit rather than hourly.
- Temporary or casual workers – Workers an employer hires for irregular or short-term work that is not part of the company’s usual business activities.
- Domestic workers – Housekeepers, nannies, caregivers, and other people who work in private homes.
- Agricultural workers – Employees in farming or related agricultural industries are exempt, though their employers may choose to purchase insurance if they wish.
- Business owners and partners – Self-employed individuals, sole proprietors, business owners, or partners in a business are exempt or can formally opt out in most cases.
- Federal and railroad employees – Covered by separate programs.
Are There Limitations for Workers’ Compensation Exemptions?
There are limited circumstances where a normally exempt employee could still be covered by workers’ compensation in Georgia.
For example, small businesses not required by law to purchase workers’ compensation insurance can voluntarily purchase it to cover injured employees.
In rare cases, independent contractors may include a written contract requiring the employer to provide workers’ compensation coverage, though the employer is not obligated to do so unless the contract is signed.
When to Consult Our Workers’ Compensation Lawyers About Your Coverage
Sometimes, an employer or their insurance company will deny a workers’ comp claim by arguing that the claimant worker is exempt.
A common scenario is when an employee is mistakenly or intentionally misclassified as an independent contractor. In other cases, injured workers who would otherwise qualify for benefits find that their employer failed to purchase or maintain their workers’ compensation insurance.
If these or any other circumstances arise that make you question your status as a covered worker, it’s time to contact a workers’ compensation lawyer.
Underwood Law LLC is a highly regarded workers’ compensation law firm serving Albany and the surrounding Georgia communities.
Contact us today for a free consultation with one of our skilled workers’ comp lawyers.
Site by