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Restaurant Workers' Comp in Georgia

What Georgia requires of restaurants and bars for workers' compensation — when it kicks in, who's exempt, and what it costs.

Reviewed by J. Robert Smith, Licensed Insurance Agent (NPN 10378680). Last updated .

Yes. Georgia requires workers' compensation insurance for restaurants that regularly employ three or more workers, a threshold lowered from five effective January 1, 2026 under O.C.G.A. 34-9-203. Full-time, part-time, and seasonal staff all count, and corporate officers or LLC members count toward the three even if they waive their own coverage.

Required?
Yes
Kicks in at
3 or more employees (regularly employed); lowered from 5 effective January 1, 2026.
Restaurant rate
NCCI 9082 (Restaurant NOC / full-service) ~$0.90–$1.20 per $100 payroll and 9083 (fast food) ~$0.85–$1.10 per $100; Georgia is a moderate-to-low-cost state (industry national averages ~$1.06 for 9082, ~$1.03 for 9083). Approximate, industry tier.
Market
Competitive private insurance market with no state fund; coverage is bought from private carriers or via approved self-insurance.

Is workers’ comp required for a restaurant in Georgia?

Georgia requires workers' compensation once you reach 3 or more employees (regularly employed); lowered from 5 effective January 1, 2026.. As many as five corporate officers or LLC members may waive coverage on themselves, but doing so does not reduce the business's employee count. Railroad carriers, U.S. Government agencies, farm laborers, and domestic servants are excepted; sole proprietors and partners are not counted as employees on themselves.

What restaurant workers’ comp costs in Georgia

The restaurant class-code rate in Georgia is NCCI 9082 (Restaurant NOC / full-service) ~$0.90–$1.20 per $100 payroll and 9083 (fast food) ~$0.85–$1.10 per $100; Georgia is a moderate-to-low-cost state (industry national averages ~$1.06 for 9082, ~$1.03 for 9083). Approximate, industry tier.. Your premium is that rate applied per $100 of payroll and adjusted by your experience modifier, so it scales with how many people you employ and your claims history. Competitive private insurance market with no state fund; coverage is bought from private carriers or via approved self-insurance.

What owners in Georgia miss

  • Effective January 1, 2026, Georgia lowered its mandatory-coverage trigger from five employees to three under O.C.G.A. § 34-9-203, so many small restaurants newly require coverage.
  • The three-employee count includes full-time, regular part-time, and seasonal employees, so a restaurant with mostly part-timers can still be over the threshold.
  • If the business is incorporated or an LLC, officers or members are included in the employee count even when they exempt themselves — an officer exemption does not reduce the corporation's employee total.
  • Non-compliance carries a civil penalty of $500 to $5,000 per occurrence, and willful failure is a misdemeanor punishable by fines of $1,000 to $10,000 and/or up to 12 months in jail.

Sources

Cost examples are illustrative national figures gathered from public filings and industry surveys. They are not quotes. Your actual premium depends on your state, carrier, revenue, payroll, location, and coverage selections. Restaurant Insurance Authority is an insurance marketing and referral service, not an insurer or licensed agency. We connect business owners with licensed independent commercial-lines agents who specialize in food and beverage. Questions? Call (855) 480-1410.

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