Workers’ Compensation Coverage for Corporate Officers

corporate ladder

High atop the corporate ladder sits the corporate executives who survey their company’s landscape and strive to make decisions that will positively affect the business’ future. But, what happens when one of these corporate executives falls from a ladder or slips on a banana in the break room and injures herself? Georgia’s Workers’ Compensation law contemplates this occurrence and provides for the welfare of corporate officers.

Under Georgia law corporate executives are presumed to be employees subject to the Workers’ Compensation Act unless they choose to be exempt from coverage by providing written certification on Board Form WC-10 to the insurer and the State Board. O.C.G.A. § 34-9-2.1(a). A valid exemption must identify the officer by name and state her title. O.C.G.A § 34-9-2.1(1) and (2). The law mandates that no more than five corporate officers in a company may elect to be exempt from Workers’ Compensation coverage. Corporate officer coverage applies to top officials in corporations and limited liability entities. This coverage, however, does not apply to partners and sole proprietors.