In Georgia you must carry workers compensation once you have three or more employees regularly in service (O.C.G.A. section 34-9-2). With only one or two employees the state does not require it, though plenty of owners buy anyway because a single serious injury can cost more than years of premium.
Who this is for: Georgia owners trying to figure out whether the law reaches them yet, and what changes as they grow past two employees.
The short version
- The trigger is three. Three or more employees regularly in service makes coverage mandatory (O.C.G.A. section 34-9-2). It has been three for years, so ignore posts claiming it just dropped from five.
- Part-time and seasonal count. There is no minimum weekly hours and no waiting period, so a regular part-timer or seasonal hire counts toward the three.
- Owners who opt out still count. A corporate officer or LLC member who files a rejection form is still counted in the three-employee test.
- Below three, you are not required but not protected. A business under the threshold has no injury-lawsuit shield and can be sued in regular court over a workplace injury.
- Coverage attaches on day one. Once you are subject, a new hire is covered from their first day; there is no grace period.
How Georgia counts to three
The count is about people regularly working in your business, not just full-time payroll. Here is how the common cases land.
| Worker or owner | Counts toward the three? | Notes |
|---|---|---|
| Full-time employee | Yes | Covered from day one once you are subject |
| Regular part-time or weekend staff | Yes | No hours minimum and no waiting period |
| Seasonal staff you rehire each year | Yes | A regular seasonal pattern counts |
| A true one-off casual helper | No | Work outside your usual business is not counted |
| Sole proprietor or partner | No | Not an employee by default; may opt in |
| Corporate officer or LLC member who opted out | Yes | Opting out of coverage does not remove them from the count |
| A 1099 worker you control day to day | Usually yes | See Georgia's control test for contractors |
What "regularly in service" means
Georgia reads "regularly" as a pattern, not a single-day snapshot. A business that recurrently reaches three or more as its normal practice, even if it usually runs leaner, can be treated as regularly employing three. Georgia courts have applied this pattern reading, so you cannot dodge the rule by pointing to a slow week. If your ordinary staffing reaches three, plan on being subject to the Act.
Below the threshold: not required, but exposed
With one or two employees you are not required to carry workers comp, and you are also not under the Act. That cuts both ways. The upside is no state mandate yet. The downside is that the Act's exclusive-remedy protection, which normally stops an injured worker from suing you, does not apply to a business below the threshold that has not opted in. So a hurt employee at a two-person shop can sue you in regular court, where there is no cap built around the comp system. Many small Georgia owners buy a policy voluntarily for exactly this reason.
A Macon example
Illustrative, not a quote. A Macon coffee shop has two full-time baristas and one steady weekend part-timer. That is three people regularly in service, so Georgia requires a policy even though one of them is part-time. The owner puts coverage in place before the busy season, and when the weekend barista slips on a wet floor, comp pays the medical bills and part of the lost wages instead of turning into a lawsuit. We make sure the shop's payroll is rated on the right kind of work so the price is fair.
Real questions Georgia owners ask
Do I need workers comp for my Georgia business?
Once you have three or more employees regularly in service, yes, under O.C.G.A. section 34-9-2. With one or two employees the state does not require it, but many owners still buy it to avoid a lawsuit.
How many employees trigger workers comp in Georgia?
Three. The requirement starts at three or more employees regularly in service, and it has been three for years. A viral claim that it dropped from five to three in 2026 is false; the statute still says three.
Do part-time and seasonal workers count toward the three?
Yes. Georgia counts regular part-time and seasonal workers the same as full-timers. There is no minimum weekly hours and no waiting period, so a steady weekend or seasonal worker counts.
If my two owners opt out, do they still count toward three?
You still count them. In Georgia an officer or member who files a rejection form is not subtracted from the headcount, so a three-officer company that all opted out is still a subject employer.
I only have one employee. Do I still need coverage?
The state does not require it below three employees, but you also lose the Act's protection against being sued over an injury. Many one and two-person shops buy a policy anyway for that reason.
When does a new hire become covered in Georgia?
Right away. Once your business is subject to the Act, an employee is covered from the first day of work. There is no waiting period, so put a policy in place before the person starts.
Can I avoid coverage by keeping people part-time?
No. Part-time workers count toward the three, so a crew of three regular part-timers still makes coverage mandatory. Hours do not change whether a worker counts.
Why Georgia owners choose Morrow
- We shop the right market for you. In Georgia you buy workers' comp on the open market from any private insurer licensed in the state, because Georgia has no state fund, and if no carrier will take you the NCCI-run assigned risk plan is the guaranteed fallback, so we can shop your rate freely and still have a backstop for hard-to-place work.
- We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
- Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
- We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
- Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.
Related Georgia guides
Every Georgia business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.
- Business insurance in Georgia (start here)
- I own an LLC: do I need workers comp?
- I'm a sole proprietor: do I need workers comp?
- I own a corporation (C-corp or S-corp): do I need it?
- We're a partnership: do we need workers comp?
- We're a nonprofit: do we need workers comp?
- My workers are 1099: do I still need it?
- Only part-time or seasonal staff: do I need it?
- I only employ family: do I need workers comp?
- Remote or out-of-state staff: do I need coverage?
- What happens if I don't carry workers comp?
- How much does workers comp cost?
- How do I get workers comp (even if turned down)?
- What insurance do I need for a contractor license?
- Workers compensation insurance, explained
- What workers comp costs (national guide)
- Hiring your first employee: what changes
- Workers comp vs employers liability
- Georgia restaurant workers comp
This guide is general information, not legal advice. Georgia rules and penalty amounts can change, so verify current requirements with Georgia State Board of Workers' Compensation or a licensed advisor before you rely on them. Last updated: July 2026.