How Many Employees Are Required for Workers’ Comp in Florida?

workers comp employee requirements in florida
Mordechai Kamenetsky
Last Updated: 
January 9, 2024

Workers' compensation insurance is an important component for businesses, providing protection for both employers and employees in the event of workplace injuries. A common question among business owners is, "How many employees are required for workers' comp in Florida?" The answer to this question is this: 

In the state of Florida:

  • If you are in a non-construction industry, you are required to have workers' compensation insurance if you have four or more employees, whether they are full-time or part-time. 
  • For construction-related businesses, however, the requirement is stricter; you must have workers' compensation insurance if you have one or more employees. 
  • Agricultural businesses have a different threshold, needing coverage if they have six regular employees and/or twelve seasonal employees who work more than 30 days during a season but not more than a total of 45 days in a calendar year.

Understanding Workers' Compensation Requirements in Florida

The state of Florida mandates specific workers' compensation coverage for different types of businesses to make sure that employees who get injured or sick on the job get medical care and compensation for lost wages. 

Compliance with these regulations is not just a legal requirement but also important for maintaining a safe and secure work environment.

Non-construction Industries

Non-construction Industries

For most non-construction industries, the threshold of four employees can include business owners if they are listed as officers of the corporation. 

However, corporate officers can choose to exempt themselves from the policy if they wish. This can reduce the premium costs for the business but also means that the exempted officers would not be eligible for workers' compensation benefits.

Construction Industries

Construction Industries

In the construction industry, every employee must be covered, including the business owner, unless the owner applies for and receives an exemption. 

It's important to note that in Florida, sole proprietors and partners in the construction industry are considered employees unless they obtain an exemption from the Division of Workers' Compensation.

Agricultural Businesses

Agricultural Businesses 

Agricultural businesses operate under different rules due to the seasonal nature of their work. They require coverage if they have six regular employees and/or twelve seasonal employees who work more than 30 days during a season but not more than a total of 45 days in a calendar year.

Penalties for Non-Compliance

Failure to carry workers' compensation insurance when required can result in severe penalties for a business. These can include a stop-work order and fines that are twice the amount the employer would have paid in premium within the preceding two-year period. 

Ensuring compliance is not only about avoiding penalties but also about protecting your employees and your business from the financial impact of unexpected accidents and injuries.

Determining who counts as an Employee

In Florida, it's essential to understand who is considered an employee for the purpose of workers' compensation insurance. This includes full-time and part-time workers, as well as seasonal and temporary employees. 

Independent contractors, on the other hand, are typically not considered employees, but the distinction between an employee and an independent contractor can sometimes be complex. Misclassifying an employee as an independent contractor can lead to legal issues and penalties, so it's crucial to correctly determine each worker's status.

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Exemptions and Special Considerations

While the general rules for workers' compensation coverage are clear, there are exemptions and special considerations that Florida business owners should be aware of. As mentioned, corporate officers and sole proprietors in certain industries can opt out of coverage, but they must file for an exemption with the state.

Additionally, businesses that work with subcontractors should ensure that their subcontractors have their own workers' compensation insurance or are legally exempt. If a subcontractor does not have proper coverage, the primary contractor may be held liable for any injuries that subcontractor's employees sustain on the job.

Staying Informed and Compliant

Navigating the workers' compensation insurance requirements in Florida can be challenging, but staying informed is key to maintaining compliance. 

Business owners should regularly review their policies and keep up to date with any changes in the law. Consulting with an insurance professional or attorney who specializes in workers' compensation can provide valuable guidance and help businesses avoid costly mistakes.

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Note: The information provided in this blog is intended for general informational purposes only and is not a substitute for professional legal or insurance advice. Laws and regulations regarding workers' compensation insurance are complex and vary by state and by specific circumstances. Therefore, readers are encouraged to consult with a qualified legal or insurance professional to obtain advice with respect to any particular issue or problem they might have.

Mordechai Kamenetsky

Mordechai Kamenetsky, co-founder and lead agent of Kickstand, is recognized as an expert in workers' compensation. He is passionate about helping small businesses manage risks and lower their workers' comp costs. In his articles, he educates readers and clients on the intricacies of workers' comp insurance.

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