One-Person HVAC Company in Georgia: Do You Need Workers' Comp?

Short answer: Georgia's workers' comp law exempts businesses that regularly have fewer than three employees, so a true one-person HVAC company may not be required to carry it by statute. In practice, many general contractors, builders and property managers will not let you on a job without a workers' comp certificate. The right answer depends on who works for you, how you are set up, and what your customers require.

What Georgia law says

O.C.G.A. 34-9-2 says the workers' compensation chapter does not apply to a business "that has regularly in service less than three employees in the same business within this state, unless such employees and their employers voluntarily elect to be bound." Once you regularly have three or more employees, coverage is required.

Georgia also lets a corporate officer or an LLC member elect to be exempt from coverage by giving written certification to the insurer, and an LLC may exempt no more than five members (O.C.G.A. 34-9-2.1). An exemption can be revoked later. Whether owners, partners or LLC members count toward the three-employee number is a fact-specific question, so we review how your business is set up before we recommend a policy, and we do not promise an exemption.

Why GCs ask for a certificate anyway

Under O.C.G.A. 34-9-8, a general contractor can be liable for compensation to a subcontractor's injured employees. To protect themselves, and to avoid charges at their own premium audit, most GCs require every sub to show a workers' comp certificate before starting. No certificate often means no job.

Owner-excluded (ghost) policies

Many one-person contractors use an owner-excluded workers' comp policy, often called a ghost policy, to produce that certificate. Know these points before you buy one:

• A ghost policy usually excludes the owner, so it may not pay for your own injury.
• If you hire help or pay subcontractors without their own coverage, the premium audit can charge you for that payroll.
• Once you add employees, your policy needs to reflect them.

See our full guide: Ghost policies in Georgia: workers' comp for owners with no employees.

How HVAC workers' comp is priced

Premium = payroll / 100 x the carrier's rate for your class x your experience modifier, subject to a minimum premium. HVAC installation, service and repair work is commonly classified under NCCI code 5537; your carrier assigns the final class from your actual work. Clerical-only staff are usually rated separately. A real number needs your payroll and job details.

Common questions

I have two helpers. Do I need workers' comp?

Count matters, and so do the facts of how they work for you. Call us before you hire a third person, and before you sign a contract that requires a certificate.

Do I still need general liability?

Workers' comp and general liability do different jobs. Most HVAC contracts require both, with gas and LPG work affecting the GL side. See Georgia HVAC contractor insurance.

How fast can I get a certificate?

Owner-excluded policies for qualifying businesses can often be quoted quickly. Policies with employees take longer because the carrier needs payroll and class details.

Not sure what you need? Call (470) 648-6767 or start an HVAC quote.

Sources: O.C.G.A. 34-9-2, 34-9-2.1 and 34-9-8 (reviewed November 2026).

Quinn Alliance LLC, GA License #244699. For Georgia businesses only. Educational only, not legal advice. Coverage is subject to underwriting and to policy terms, conditions and exclusions.