Understanding exceptions to workers’ comp coverage

On Behalf of | Apr 9, 2020 | Workers' Compensation

Receiving workers’ comp coverage may be critical to helping you recover from a serious workplace injury. Since many workplaces provide workers’ compensation coverage, you might not consider that your workplace does not have it. According to state law, some workplaces do not need to carry workers’ comp coverage. 

Reasons to exempt workplaces from offering workers’ comp vary. Some professions receive coverage through other means. Other workplaces may not employ enough workers to offer coverage. The Georgia State Board of Workers Compensation website explains the types of employees the state exempts from worker’s comp coverage. 

Workplaces not covered by workers’ comp 

Georgia law generally determines which workplaces should have workers’ comp by the number of employees a workplace has. The state mandates that many workplaces that have three or more employees should make workers’ comp coverage available to their employees. These employees may work full time, part time, or just work on a seasonal basis. 

Some large businesses, like corporations or LLCs, have members or corporate officers who may exempt themselves from workers’ compensation in favor of their preferred coverage. However, just because they exempt themselves does not mean the law excludes them as part of the three or more employee count that determines whether their company should offer workers’ comp to their employees. 


Georgia law names some occupations that do not receive workers’ comp, such as people who work for U.S. government agencies. People who work for railroads receive coverage from the Federal Employer’s Liability Act (FELA). Other exempted workers include people who work as domestic servants and people who labor on farms. 

Additionally, according to state law, Georgia does not consider independent contractors eligible for workers’ compensation. However, the line between employees and independent contracts is not always clear. A workplace could get into legal trouble by misclassifying you as an independent contractor when you are really an employee and thus eligible for workers’ compensation. 

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