Who counts toward Georgia's three-employee workers comp threshold?

Quick answer: Georgia requires workers compensation for any business with 3 or more regular employees (full-time, part-time, and seasonal all count).

Georgia's three-employee threshold for mandatory workers compensation coverage counts more people than a simple headcount suggests. Corporate officers and LLC members count toward the three, part-time and seasonal workers count, and the rule is set under O.C.G.A. Sec. 34-9-2(a)(2) and enforced by the Georgia State Board of Workers Compensation (SBWC).

Do corporate officers and LLC members count toward the three?

Yes. A corporate officer or LLC member working in the business generally counts toward the three-employee threshold, the same as any other worker. An officer can elect to be excluded from coverage through a specific SBWC election, but that election does not remove the officer from the headcount used to determine whether the business has reached three employees in the first place - it only affects whether that specific person is covered once the requirement applies.

Do part-time and seasonal workers count?

Yes. The three-employee count is broad: full-time, part-time, and seasonal workers all count toward it. A business with two full-time employees and one part-time employee has crossed the threshold. So has a business that hires three seasonal workers for a two-month rush, even if the owner planned to treat the work as short-term.

For example, a small landscaping company with two full-time crew members and the owner-operator, who is also an LLC member actively working in the business, has three people counting toward the threshold - the owner's LLC membership does not exempt them from the count.

What happens if I misclassify a worker to stay under the threshold?

Independent contractors are not employees, but Georgia looks at the actual working relationship, not just the label on a 1099. If you control how, when, and where someone works, the state may treat them as an employee for coverage purposes - and for counting toward the three-employee threshold. Misclassifying workers to stay under the threshold is one of the most common and costly mistakes small businesses make in Georgia.

What is the legal citation for the threshold?

Georgia's three-employee threshold is set under O.C.G.A. Sec. 34-9-2(a)(2) and enforced by the Georgia State Board of Workers Compensation. See our page on when workers compensation is required in Georgia for the penalties that apply once the threshold is crossed.

What should I do if my count is close to the threshold?

If your count of employees, officers, LLC members, and part-time or seasonal workers is close to three, confirm your obligation before an injury happens rather than after. A free coverage review can walk through your specific headcount and confirm whether the requirement applies.