If a Georgia business that is required to carry workers compensation goes without it, the State Board of Workers Compensation can fine it $500 to $5,000 for each failure to insure, and the owner can face a misdemeanor charge carrying a fine of $1,000 to $10,000, up to 12 months in jail, or both. On top of that, if a worker is hurt, the uninsured employer pays the entire claim plus a 10 percent penalty and the worker's attorney fees.
Who this is for: Georgia owners weighing the real cost of skipping required coverage, or catching up after a lapse.
The short version
- Failure to insure is fined per violation. Going without required coverage draws $500 to $5,000 per violation (O.C.G.A. section 34-9-18).
- It can be a crime. Willfully refusing to secure coverage is a misdemeanor, with a fine of $1,000 to $10,000, up to 12 months in jail, or both.
- An injured worker's award grows. The Board can add 10 percent to the award and order you to pay the worker's attorney fees (O.C.G.A. section 34-9-126).
- You self-fund the whole claim. An uninsured employer pays all the medical and wage benefits itself, on top of the penalties.
- There is a nuance below three. A business under the threshold that never opted in is not under the Act at all, and can be sued in regular court instead.
What the penalties look like
Georgia stacks several consequences. The civil fines, the criminal exposure, and the enhanced award can all apply to the same lapse.
| Consequence | Amount or effect | Source |
|---|---|---|
| General violation of the Act or rules | $100 to $1,000 per violation | O.C.G.A. section 34-9-18 |
| Failure to secure required coverage | $500 to $5,000 per violation | O.C.G.A. section 34-9-18 |
| Knowingly false statement about coverage or benefits | $1,000 to $10,000 per violation | O.C.G.A. section 34-9-18 |
| Willful failure to secure coverage (criminal) | Misdemeanor: $1,000 to $10,000, up to 12 months, or both | O.C.G.A. section 34-9-126 / SBWC |
| Injured worker at an uninsured employer | Award increased 10 percent, plus the worker's attorney fees | O.C.G.A. section 34-9-126 |
The full claim lands on you
The penalties are only part of it. An uninsured employer that is subject to the Act is responsible for a hurt worker's benefits in the same way an insured employer would be, which means it self-funds the entire award, the medical care and the wage replacement, and then adds the 10 percent enhancement and the attorney fees on top. A single serious injury can dwarf years of premium. This is the core reason Georgia's rule has teeth even without a construction-site stop-work regime like some states use.
An important distinction below three
Georgia's structure is different from states that say every uninsured employer can be sued in court and loses its usual defenses. Here, a business that is subject to the Act but failed to insure stays under the Act; its injured workers go through the comp system, and the employer faces the enhanced award and penalties above rather than a regular lawsuit. By contrast, a business below the three-employee threshold that never opted in is not under the Act at all. That business has no comp shield, so a hurt worker can sue it in ordinary court, where there is no comp cap. Knowing which side of the line you are on tells you what you are actually risking.
A DeKalb County example
Illustrative, not a quote. A DeKalb County roofing company with five crew skips coverage to save money. An inspector or a claim brings it to the State Board's attention, and the company faces a failure-to-insure fine along with possible misdemeanor exposure for the owner. Then a roofer falls and is badly hurt. Because the company was subject and uninsured, it pays the full medical and wage benefits itself, plus a 10 percent increase and the worker's attorney fees. A policy would have cost a fraction of that. See our workers comp for roofers page.
Real questions Georgia owners ask
What is the penalty for not having workers comp in Georgia?
The State Board can fine a required employer $500 to $5,000 for each failure to insure. Willfully going without coverage can also be a misdemeanor, with a fine of $1,000 to $10,000, up to 12 months, or both.
Can I go to jail for not carrying workers comp in Georgia?
It is possible. Willfully refusing to secure required coverage is a misdemeanor in Georgia that can carry up to 12 months, a fine of $1,000 to $10,000, or both, in addition to civil penalties.
What happens if an employee is hurt and I have no coverage?
You pay the full claim yourself, both medical care and wage benefits, as a subject employer. The Board can also add 10 percent to the award and order you to pay the worker's attorney fees.
Does an uninsured Georgia employer get sued in court?
Usually not if it is subject to the Act. It stays in the comp system and faces the enhanced award and penalties instead. A business below three employees that never opted in can be sued in regular court.
Does Georgia issue stop-work orders for no coverage?
Georgia does not run a construction-site stop-work regime like some states. Its enforcement is through the civil fines, the misdemeanor charge, the enhanced award, and personal liability for the responsible owner.
Can penalties reach me personally as the owner?
Yes. The criminal misdemeanor exposure reaches the responsible people, and sole proprietors and partners are personally on the hook. An owner cannot use an officer opt-out to escape the duty to cover other employees.
How do I fix a coverage lapse?
Get a policy in force right away and talk with an agent about the gap. The sooner you are covered, the smaller the exposure, since penalties and a self-funded claim grow the longer you go without.
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)
- Workers comp: the owner's overview
- 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?
- 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)
- Workers comp vs employers liability
- What workers comp does not cover
- Georgia roofer 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.