Company stakeholders, such as partners and sole proprietors, may reap financial and other special benefits from the companies they work for but they are disadvantaged when it comes to Workers’ Compensation coverage.
Georgia law treats these types of workers directly opposite from corporate executives. The law presumes that a partner is not an employee covered under the Workers’ Compensation Act unless she specifically elects to be included. O.C.G.A. § 34-9-2.2. Corporate executives, on the other hand, must specifically elect to remove themselves from coverage. A partner or sole proprietor must notify the company’s insurer and the board in writing of her intent to be covered by completing Board Form WC-10. She may only elect to be included in her company’s Workers’ Compensation coverage if she, “is actively engaged in the operation of the business and if the insurer is notified of her election.” This engagement and notification requirement applies even if a corporate officer or company insurer tells the partner that she is automatically covered under Workers’ Compensation. Scoggins v. Aetna Casualty & Sur. Co., 139 Ga. App. 805, 229 S.E.2d 683 (1976).