Georgia and Mississippi WC Exemption question

[rcenters]

For these states, this question is about one-man subcontractors with no employees.

GA- I see that an employer's owners can exempt themselves from a WC policy; but does this actually protect the GC? In other words...if a one man contractor chooses not to purchase WC, can the owner still go against the GC's WC if he gets hurt? I'm thinking no because of some information I found on GA's website, but it wasn't 100% clear.

MS: Same question, except I can't locate anything on exemptions at all, so I'm thinking the only way to avoid it here would be defining the sub as independent, which is unlikely due to the "control of work" issue and other common subcontractor considerations.

[BOPCITY]

GA. I noticed there were no replies because nobody clearly knows. They are called Phantom Policies. A certificate that indicates there is a W/C policy but offers no coverage because any and all officers can elect to be excluded (up to 5). The minimum premium through the NCCI is $1,500 as a assigned risk and certificates can be issued but it should indicate as the question is asked on the certificate if any officers are excluded. I'm sure no G/C is knowledgeable or cares about excluded
sub-contractors until someone gets maimed. I have not been able to get a straight answer from the Dept. of Insurance as nobody will address it. I just know that it's an E&O if you don't cover yourself on the Certificate. I'm sure there has been an
incident somewhere in the past that a General Contractor became liable on a W/C claim and his only move was to go after
the agent that produced the Certificate who better have indicated the exclusion.

[rcenters]

Thanks! I wondered if it was something ambiguous like that!