Which workers count toward Georgia's 3-employee threshold?
Full-time, part-time, and regular seasonal employees all count toward Georgia's three-employee workers compensation threshold. Corporate officers and LLC members count too, even in cases where they file a Form WC-10, the state form that lets an officer or member waive workers compensation coverage on themselves personally. The waiver removes their own coverage; it does not remove them from the headcount. Sole proprietors, partners, and true independent contractors are not counted by default under Georgia law, per O.C.G.A. 34-9-2(a)(2), the statute that defines the threshold.
A concrete example shows how this plays out. A landscaping LLC has two full-time crew members and a third owner-member who also works in the field and has filed a Form WC-10 to waive her own coverage. The business still has three people counting toward the threshold: the two crew members plus the waived owner-member. The waiver only affects whether she personally has coverage, not whether the business needs a policy. Background on why the three-employee line matters in the first place is covered in is workers compensation required for a 3-employee business in Georgia.
The exclusion for sole proprietors and partners has a limit worth knowing. They are left out of the count by default, but Georgia law allows them to elect coverage in writing if they want to be included, whether for their own benefit or because being counted changes the business's total. The Form WC-10 waiver process, who can use it, and the cap on how many people can file one are detailed in can Georgia business owners exclude themselves from workers compensation.
Independent contractors sit outside the count only when the relationship is genuinely independent. A worker paid on a 1099 but controlled day to day like an employee can be reclassified by a Georgia auditor, which changes both the headcount and the premium owed. That reclassification risk is covered in do 1099 contractors need workers compensation in Georgia.
Businesses working through mixed staffing, ownership structures, or contractor relationships can get their specific headcount reviewed through a coverage review. General plan details are on the Georgia workers compensation insurance page.
