Georgia guide
Georgia workers’ comp and subcontractors: what to ask for
Georgia’s workers’ comp law generally covers employers with three or more employees. A sub with fewer may have no policy and be fine under the law, but you can still be pulled in as the principal contractor. So ask every sub for a workers’ comp certificate, and write down the head count of anyone who says they don’t need one.
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Free COI auditThree or more employees
The Georgia State Board of Workers’ Compensation says every employer regularly employing three or more persons, part-time or full-time, must provide workers’ comp coverage. Exempted corporate officers or LLC members don’t reduce the head count. Smaller businesses usually fall outside the law.
What to ask a Georgia sub
- How many people work for you? Full and part-time.
- Do you carry workers’ comp? Send the certificate.
- If not, who will be on my job, and how are they paid?
Put the answers in your file with the date.
Why not just skip the small subs?
Because under the statutory employer rule, a worker hurt on your job with a sub too small to be covered can bring the claim to you. Small subs are where your gap is.
Verify the policy
Call the agent to confirm the policy is active. See how to verify a certificate. The Georgia State Board of Workers’ Compensation also runs an online employer coverage verification page you can search.
Sources: O.C.G.A. 34-9-8 · Georgia SBWC: employer information · Georgia SBWC: online coverage verification. Laws and agency rules change. Check the current version.
Not legal or insurance advice. This is general information. Your contract, your state and your policy decide what applies to you. Ask your broker or attorney.
Frequently asked questions
How many employees trigger workers’ comp in Georgia?
Three or more persons regularly employed, full time or part time, according to the Georgia State Board of Workers’ Compensation.
Can I check a Georgia employer’s workers’ comp online?
Yes. The State Board of Workers’ Compensation has an online employer coverage verification page.
Should I still ask a tiny sub for a certificate?
Yes. If they have one, the claim stays with their insurer. If they don’t, record why, because the statute can bring you in as the principal contractor.
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