Georgia Restaurant Workers' Comp: Rules, Codes & Costs

Georgia restaurants must carry workers’ compensation once they regularly employ three or more people, and regular part-time employees count toward that number. Coverage is purchased from private insurance carriers, since Georgia has no state fund, and restaurants that cannot find voluntary coverage can use the Georgia Workers’ Compensation Assigned Risk Plan administered by NCCI. Premium is based on payroll, class code and claim history.

This page is for Georgia restaurant, bar, cafe, caterer and food truck owners who want to understand when coverage is required, how Georgia’s system works, what it costs you if you go without, and how to keep premiums in check. It applies to every restaurant type, from a two-person coffee counter to a multi-unit franchise group.

Who has to carry coverage under Georgia law

The Georgia State Board of Workers’ Compensation oversees the system. Every employer regularly employing three or more persons, full-time or part-time, must carry workers’ compensation. A few details trip up restaurant owners:

Regular part-time employees, such as weekend servers or dishwashers, count toward the three-person threshold.
Corporate officers and LLC members are employees, but up to five may waive coverage on themselves using Form WC-10, and they still count toward the employee total.
Sole proprietors and partners are not employees unless they elect coverage.
Once you cross the threshold, all employees are covered, including those hired for a single season.

How Georgia’s workers’ comp market is structured

Georgia is a private-carrier state with no state fund. Most restaurants buy coverage in the voluntary market from carriers competing for the business. Larger employers that qualify may self-insure, with security and excess insurance requirements set by the state. Restaurants with a difficult loss history or a class that carriers avoid can obtain coverage through the Georgia Workers’ Compensation Assigned Risk Plan, which NCCI administers.

NCCI is also the rating bureau. It publishes the classifications carriers use, including code 9082 for restaurants not otherwise classified and code 9083 for fast food restaurants. The correct code matters because each carries its own rate, and a misclassified payroll can lead to a surprise bill at audit.

Penalties for operating without coverage

The State Board of Workers’ Compensation can impose a civil penalty of $500 to $5,000 per occurrence on an employer that fails to provide required coverage. Refusing to provide coverage can lead to criminal fines of $1,000 to $10,000, up to 12 months in jail, or both. The Board may also add attorney’s fees and a 10 percent increase in the injured worker’s compensation. Beyond the penalties, an uninsured restaurant faces paying medical and wage benefits out of pocket.

The injuries behind most restaurant claims

Burns from fryers, flat-tops, ovens and steam, including grease splashes during oil changes.
Cuts from knives, slicers, mandolines and broken glass in the dish pit.
Slips and falls on wet or greasy floors, walk-in thresholds and back-door steps.
Lifting strains from cases of produce, kegs, stock pots and full bus tubs.
Workplace violence, including robberies at closing and confrontations with guests.
Driving injuries for delivery and catering staff.

How your premium is figured

A workers’ comp premium starts with estimated payroll in each class code, multiplied by the carrier’s rate for that class. That result is adjusted by your experience modification factor, which compares your claims history with that of similar employers; a better-than-average record lowers the premium and a worse one raises it. Carriers may also apply schedule credits or debits for safety practices. At the end of the policy term, an audit compares actual payroll with the estimate, which can produce a refund or an additional premium.

Practical ways to control comp costs

Classify every job correctly and keep payroll records by role.
Use anti-slip mats, keep floors dry and fix damaged thresholds quickly.
Provide cut-resistant gloves and train staff on slicer lockout and cleaning.
Filter fryers on a schedule with the right equipment and protective gear.
Report injuries right away and set up a return-to-work program with light-duty tasks.
Review your experience modification each year and question any errors.

Provident Financial Group compares workers’ comp quotes from multiple carriers on one application, and can pair them with your liability and property coverage. Call (866) 964-6660. For workers’ comp beyond restaurants, visit our sister site USA Workers Comp, or see our Georgia restaurant insurance hub.

Frequently asked questions

Does a Georgia restaurant with two employees need workers’ comp?

Not by statute, since the requirement starts at three regularly employed people. Many small restaurants still buy it because leases and contracts ask for it and one injury can be costly.

Can I leave myself off the policy as an LLC member?

Yes. Up to five corporate officers or LLC members may waive coverage on Form WC-10, but they still count toward the three-employee threshold.

What is the difference between code 9082 and 9083?

Both are NCCI restaurant classifications: 9082 applies to restaurants not otherwise classified and 9083 to fast food restaurants. Each has its own rate.

What happens if no carrier will write my restaurant?

Georgia’s assigned risk plan, administered by NCCI, provides coverage for employers who cannot obtain it in the voluntary market. See what happens without workers’ comp.

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Restaurant Workers’ Compensation in Georgia