State

Georgia business insurance requirements

Georgia business insurance rules: workers' comp at three employees (officers count), 25/50/25 auto minimums, a 50% fault bar and 2025 tort reform.

Workers' comp required at3 employees
Workers' comp marketCompetitive private market
State disability insuranceNo state mandate
Paid family leaveNo state program

Workers' compensation

Who must carry it Required for employers that regularly employ three or more people in the same business in Georgia, full- or part-time; corporate officers and LLC members count toward the three
Employee threshold 3 employees
Who can be excluded Up to five corporate officers or LLC members may waive coverage on Form WC-10 filed with the carrier (they still count toward the threshold); sole proprietors and partners are employers, not employees, unless they elect coverage; farm laborers, domestic servants and casual workers are excluded
Construction rule No separate threshold; a principal, intermediate or subcontractor is liable for comp to an uninsured subcontractor's injured employees (O.C.G.A. 34-9-8)
Market Competitive private market
State fund No state fund; Georgia Workers' Compensation Assigned Risk Plan administered by NCCI
Rating bureau NCCI
Penalty for not carrying it Board-assessed civil penalty of $500 to $5,000 per violation; refusing or willfully neglecting to carry coverage is a misdemeanor
Workers' comp agency Georgia State Board of Workers' Compensation
Agency phone 800-533-0682
Agency website sbwc.georgia.gov

Employee benefit mandates

State disability insurance No state mandate
Paid family and medical leave No state program

Commercial auto

Minimum liability limits 25/50/25 ($25,000 per person and $50,000 per incident bodily injury, $25,000 property damage); FMCSA limits apply to interstate motor carriers

Liability law

Negligence rule Modified comparative negligence; a plaintiff 50% or more responsible recovers nothing (O.C.G.A. 51-12-33(g))
Time limits to sue Personal injury 2 years; damage to real or personal property 4 years; written contracts 6 years

Insurance regulator

Insurance regulator Georgia Office of Insurance and Safety Fire Commissioner
Consumer hotline 800-656-2298
Website oci.georgia.gov
Surplus lines tax 4% of total premiums when Georgia is the home state, filed quarterly by the 15th of January, April, July and October (O.C.G.A. 33-5-29; OCI, 2026); no broker fees allowed outside the premium
Property insurer of last resort Georgia Underwriting Association (GUA), for basic property and liability coverage including commercial risks

Laws that shape business insurance in Georgia

  • 2025 tort reform, SB 68 (signed April 21, 2025)
  • Third-party litigation funding rules in the 2025 tort package
  • Modified comparative negligence with 50% bar, O.C.G.A. 51-12-33(g)
  • Statutory employer liability for subcontractors' employees, O.C.G.A. 34-9-8

Georgia requires workers' compensation once a business regularly employs three people, part-timers included, and for corporations and LLCs the owners are part of that count even if they waive coverage on themselves. There is no state disability or paid leave program, and the auto minimum is 25/50/25. The bigger story for premiums is liability law: a plaintiff who is 50% at fault recovers nothing, and the 2025 tort reform package changed how damages are proven and argued at trial.

Workers' compensation requirements

The Workers' Compensation Act does not apply to a business "that has regularly in service less than three employees in the same business within this state," unless employer and employees elect to be bound (O.C.G.A. 34-9-2). The State Board of Workers' Compensation reads "regularly" broadly: regular part-timers, such as weekend-only staff, count, and so do seasonal hires you take on every year. If the business is a corporation or an LLC, its officers or members are counted as employees (SBWC insurance FAQs).

Up to five officers or members may waive coverage on themselves by signing Form WC-10 and filing it with the carrier, but the Board is explicit that waivers do not reduce the employee count. A two-person corporation with one hourly employee is therefore over the line even if both owners waive. Sole proprietors and partners are treated the other way around: they are employers, not employees, and are covered only if they tell the carrier in writing that they want to be. The statute also excludes farm laborers, domestic servants, casual work outside the usual course of the business, intrastate railroad carriers, and licensed real estate agents with written independent contractor agreements. See can owners and officers exclude themselves from workers' comp?.

Rule Georgia
Who must carry it Employers that regularly employ 3 or more, full- or part-time, counting officers and LLC members
Construction Same threshold; upstream contractors are liable for an uninsured sub's employees (34-9-8)
Exempt employment Farm laborers, domestic servants, casual workers, real estate agents under written contractor agreements
Owner opt-outs Up to 5 officers or members, on Form WC-10 filed with the carrier
Penalty Civil penalty of $500 to $5,000 per violation; willful failure to insure is a misdemeanor
State fund None; NCCI administers the assigned risk plan

Construction has no lower threshold, but 34-9-8 makes a principal, intermediate or subcontractor liable for compensation to an injured employee of any of its subcontractors working on the contract, to the same extent as the direct employer. That is why general contractors demand a certificate of insurance from every sub, and why your auditor will add premium for uninsured subs at the premium audit.

The Board can assess a civil penalty of $500 to $5,000 per violation against an employer that fails to insure, and an employer that refuses or willfully neglects to carry coverage is guilty of a misdemeanor (SBWC law FAQs). The Board's Enforcement Division takes non-compliance reports at 404-657-7285.

Georgia has no state fund. Employers that cannot find a carrier apply to the Georgia Workers' Compensation Assigned Risk Plan, administered by NCCI. NCCI filed on November 12, 2025 for an 8.8% decrease in voluntary loss costs and a 9.3% cut in assigned risk rates effective March 1, 2026, citing continued declines in claim frequency and severity (NCCI summary). Ask your broker whether the approved figures matched. Large employers can self-insure with Board approval.

Disability and paid leave mandates

Georgia has no state temporary disability insurance program and no state paid family or medical leave program as of 2026. Employers that want income protection for their workforce buy group short- and long-term disability insurance for employers voluntarily. Multistate employers should check state disability and paid family leave programs: every mandate in 2026 for staff based in mandate states.

Commercial auto requirements

Georgia requires continuous liability coverage on every registered vehicle, with minimums of $25,000 per person and $50,000 per incident for bodily injury and $25,000 for property damage (OCI). Lapses bring fines and possible registration suspension (Department of Revenue). Those numbers are far below what a contract or a jury will expect of a business vehicle. Interstate for-hire carriers hauling general freight need at least $750,000 under 49 CFR 387.9; see FMCSA insurance requirements and filings for motor carriers and commercial auto insurance: what it covers and what it leaves out.

Auto is also where the 2025 reforms bite. Defendants can now show a jury that the plaintiff was not wearing a seatbelt, and counsel can no longer anchor pain-and-suffering arguments to benchmarks unrelated to the evidence, such as "the number of miles driven by a truck" (Governor's office). See trucking verdicts and the cost of auto liability.

The business insurance market in Georgia

Property owners who cannot get coverage privately can turn to the Georgia Underwriting Association, the state's residual market for basic property and liability insurance, which writes commercial risks and only insures properties maintained to minimum safety standards. On coastal property, read the named storm deductible before you compare prices. Flood is excluded from standard property forms; NFIP commercial policies top out at $500,000 for the building and $500,000 for contents, and the program is authorized only through December 11, 2026 (FEMA).

Surplus lines brokers pay 4% of total premiums when Georgia is the insured's home state, filed quarterly by the 15th of January, April, July and October. OCI says no broker fees are allowed outside the policy premium (OCI). See surplus lines taxes, stamping fees and diligent search.

Liability law that affects premiums

Georgia uses modified comparative negligence. Damages are reduced by the plaintiff's share of fault, and a plaintiff "50 percent or more responsible for the injury or damages claimed" recovers nothing (O.C.G.A. 51-12-33).

Governor Kemp signed the tort reform package on April 21, 2025, including SB 68. According to the Governor's office, it:

  • narrows negligent security (premises) liability so businesses answer for what they directly control;
  • lets juries see both the medical bills charged and the amounts actually paid;
  • bars pain-and-suffering anchoring, without capping awards;
  • lets a party ask to try liability before damages;
  • admits seatbelt evidence and ends double recovery of attorney fees;
  • lets a defendant move to dismiss in lieu of an answer, and limits voluntary dismissal during trial;
  • regulates third-party litigation funding, barring funder control of strategy and foreign-adversary funding.

Because the law does not cap awards, its effect on premiums will show up gradually and differently by line; ask your broker whether your carrier has reflected it in Georgia rates. See tort reform and liability insurance: what changes for business buyers.

Filing deadlines: two years for injuries to the person (9-3-33), four years for damage to real or personal property (9-3-30, 9-3-31), and six years for simple contracts in writing (9-3-24).

Insurers based in Georgia

MagMutual is headquartered in Atlanta. It is a medical professional liability insurer, with $677.2 million of commercial direct premiums written in 2025, all in that line, based on NAIC 2025 market share data.

Where to get help

  • Georgia Office of Insurance and Safety Fire Commissioner (oci.georgia.gov): Consumer Services 800-656-2298 or 404-656-2070. File complaints through the consumer complaint page.
  • State Board of Workers' Compensation (sbwc.georgia.gov): 404-656-3818 or 800-533-0682. Its site has an employer coverage verification lookup and fraud and non-compliance reporting forms.
  • NCCI handles assigned risk applications at 800-622-4123.

Confirm your own obligations with the Board or a licensed broker, and compare states with the workers' comp and benefits requirements by state.

Sources

  1. sbwc.georgia.gov/
  2. sbwc.georgia.gov/frequently-asked-questions/workers-compensation-insurance-faqs
  3. sbwc.georgia.gov/frequently-asked-questions/workers-compensation-law-faqs
  4. codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-2/
  5. codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-8/
  6. ncci.com/Articles/Documents/II_StateAdvisoryForumState_GA_2025.pdf
  7. oci.georgia.gov/insurance-resources/auto
  8. dor.georgia.gov/motor-vehicles/vehicle-insurance-requirements
  9. codes.findlaw.com/ga/title-51-torts/ga-code-sect-51-12-33/
  10. codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-3-33/
  11. codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-3-30/
  12. codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-3-31/
  13. codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-3-24/
  14. gov.georgia.gov/press-releases/2025-04-21/gov-kemp-signs-historic-legislation-delivering…
  15. gov.georgia.gov/document/2025-signed-legislation/sb-68/download
  16. oci.georgia.gov/regulatory-filings/premium-tax/non-admitted-insurance/non-admitted-insur…
  17. georgiaunderwriting.com/
  18. floodsmart.gov/get-insured/buy-a-policy
  19. fema.gov/flood-insurance/rules-legislation/congressional-reauthorization
  20. oci.georgia.gov/about-us/contact-us
  21. magmutual.com/

Requirements were checked against these sources on the review date below. Laws and thresholds change - confirm with the state workers' compensation agency or insurance department.

Profile last reviewed October 10, 2026

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