Can I exclude owners, officers or partners from workers’ comp coverage in Georgia?
If you’re ready to purchase workers’ comp for your business—but need help figuring out whether you’re allowed to exclude any of your upper leadership—we’ve got answers. Here’s how workers’ comp and exclusion works in Georgia.
First, your regular employees are covered.
In Georgia, all your regular full-time and part-time employees are included in your company’s policy. That’s not optional. In Georgia, there’s no way for regular employees (that is, the people you hire who aren’t partners or company officers) to opt out of coverage.
Is your business a corporation?
If your business is a corporation, your corporate officers will automatically be included in your workers’ comp policy. Up to five corporate officers can, however, choose to exempt themselves from coverage. To remove themselves from the policy, they’ll need to fill out form WC-10 and return it to you so you can file it with your insurer.
(Note: if you have a Huckleberry policy, this process will be completely online and easy.)
Is your business a sole proprietorship?
Sole proprietor? You’re automatically excluded from the workers’ comp policy. You can choose to be covered, though, by indicating as such on your application or, later, by filling out and submitting form WC-10. (You should know that some insurance companies don’t insure sole proprietors working on their own, so ask your insurer to find out what your options are.)
What about a partnership?
Partners are treated just like sole proprietors—they are automatically excluded from your workers’ comp policy. They can still get coverage, though, by—you guessed it—filling out a form.
Is your business a Limited Liability Company?
The members of your LLC are automatically included in your workers’ comp policy, but they can reject coverage by filling out the WC-10 form.
One more thing. What if an officer rejects coverage and then changes their mind?
That’s possible—within certain legal limits. If an officer, partner, or LLC member changes their mind about whether they want coverage under your workers’ comp policy, they can fill out the WC-10 form again to change their status. It’s all pretty straightforward.
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