Employers are required to provide prompt medical and disability benefits to Employees for injuries sustained on the job, resulting in partial or total incapacity or death. Every employer, individual, firm, association, or corporation, regularly employing three (3) or more persons, part-time or full-time, shall provide workers’ compensation insurance coverage.
Employers subject to the workers’ compensation law must insure payment of benefits to injured workers by securing a casualty policy of insurance or by qualifying as a self-insurer.
Corporate officers and limited liability company members are considered employees of the company. Any officer or member of a limited liability company (maximum of 5) may exempt themselves from coverage by filing a Form WC-10 with their insurance company. The exemptions shall not decrease the number of employees for purposes of determining the Employer’s obligations under the Workers’ Compensation Act.
Generally, an “Employee” or “worker” includes every person, including minors, working full-time or part-time under a contract of hire, written or implied. This very broad definition is often interpreted by the common law principals of Agency. It is a long-standing principal that any doubt is to be resolved in favor of the existence of the employer/employee relationship. See, Travelers Ins. Co. v. Moates, 102 Ga. App. 778 (1960). However, the Act specifically does not recognize independent contractors as employees.
In the event that the Employer elects not to secure proper workers’ compensation insurance, the Employer shall be held responsible for compensable injuries in the same manner as an employer having coverage. In addition, the Board may assess attorneys’ fees, civil penalties and a 10% increase in compensation to the Employee.