Georgia Workers' Compensation Exemption Form: How to Use It and When It Applies

Who Needs the Exemption Form in Georgia?

In Georgia, employers who have employees who are exempt from workers' compensation coverage must complete a Workers' Compensation Exemption Form. Exemptions typically apply to employees who are paid a salary and work under a written agreement that limits the employer's liability. This includes many executive, managerial, and highly skilled positions.

Legal Basis for Exemption

Georgia law allows employers to exempt employees if the employee is paid a minimum of $400 a week and works under a written agreement that requires the employee to accept the risk of injury. The exemption must be documented on the state‑issued form and filed with the Georgia Workers' Compensation Board.

How to Complete the Form

The form requires basic information about the employer, the employee, and the job duties. Key fields include:

• Employer name and address
• Employee name, title, and salary
• Description of job duties
• Statement of written agreement and employee acknowledgment

Both the employer and employee must sign the form. Employers should keep a copy in the employee's personnel file and submit a copy to the Workers' Compensation Board within 30 days of hiring.

Common Mistakes to Avoid

Many employers mistakenly file the exemption form for employees who do not meet the salary threshold or whose jobs do not involve risk. This can result in penalties and loss of coverage. Double‑check the salary and job description before submitting.

What Happens If You Don't File?

Failure to file an exemption form when required can lead to fines ranging from $500 to $5,000 and may force the employer to pay workers' compensation premiums retroactively. Employees may also be denied coverage for workplace injuries.

When Exemptions No Longer Apply

If an employee's salary falls below the $400 weekly threshold or the written agreement is terminated, the exemption ends. The employer must then provide workers' compensation coverage and re‑file the appropriate paperwork.

Summary of Key Points

Exemptions are limited to salaried employees under written risk agreements, require a signed and filed form, and must be maintained accurately. Compliance protects both employer and employee from legal and financial risk.