Workers’ Comp Insurance FL

An A-Z guide on everything you need to know before you purchase a Florida Workers' Comp Insurance Policy

Florida takes its commitment to protect employees very seriously. With an estimated 2.8 million small businesses and 3.6 million workers, that requires significant workers’ compensation laws.

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Construction companies are required to have a policy with even 1 employee.

Sole proprietors and partners are excluded but can purchase coverage if they wish to be included in a policy

Is workers’ comp insurance required in Florida?

Yes, it is. Florida requires that any business that with four (4) or more employees carry workers’ comp insurance. For aconstruction company, all employees, including subcontractors, must be covered by workers’ compensation, even if there are fewer than four. 

For construction companies, up to three executives can be exempt from coverage if they demonstrate at least 10% ownership in the company. Construction companies are responsible for ensuring that subcontractors provide workers’ compensation for their contractors. 

Do you need workers’ compensation coverage if you’re self-employed?

The answer is “it depends”. If you are in the construction industry, then yes, you do. If you are in a different industry, then no, although it is still a wise decision to get coverage. 

Who is exempt from Florida workers’ comp requirements?

The only exceptions to Florida’s workers’ comp requirements are sole proprietors, partners, independent contractors, and self-employed professionals outside the construction industry. Large companies may be able to self-insure, rather than working with an insurance company.

Agricultural businesses are not required to carry workers’ compensation unless they have six (6) or more regular employees and/or 12 or more seasonal workers that work 30 days or more.

How much is workers’ comp coverage in Florida?

Your Florida workers’ comp rate will depend on the following factors:

  • The type of business you have
  • The size of your payroll
  • Your safety record
  • Claim history

You can learn more about Florida's workers’ comp rates here.

workers comp policy cost

How can Florida small business owners save money on workers' comp?

Saving money on workers’ compensation is possible, but Florida business owners must take some specific steps. These include the following:

  • Ensure your employees are classified correctly. For instance, internal and external sales professionals are classified differently due to risk levels.
  • Create a formal, documented safety program. Make sure you have a safety committee made up of employees and that all workers understand the safety program.
  • Create a no-tolerance workplace. Alcohol and drug use account for up to 65% of all workplace accidents in the United States. 
  • Ask to have dividends applied to save up to 5% or more  post-audit. Many business owners forget to ask about these rebates, even though they can save a significant amount every year.

Be vigilant about claims to reduce your Experience Modification Rate (Ex-Mod). Remember that your Ex-Mod is compared to similar businesses.

How does workers’ comp work in FL?

While workers’ comp rates vary from state to state, as well as from industry to industry and even business to business, the process is similar overall. 

When you purchase a policy, you’ll provide an estimated payroll amount for the year. This will form the basis of your premium. At the end of your term (most often 12 months), the insurance company will audit your payroll and determine the exact amount. If your actual payroll is lower than projected, you receive a refund. If it’s more than projected, you’ll owe more money.

In terms of employee coverage, workers’ compensation usually pays for medical expenses, lost wages, and legal expenses if the employee files a lawsuit related to the accident or injury.

What does workers’ comp cover in Florida?

Workers who file a workers' comp claim in Florida can receive benefits for the following:

workers comp covers medical bills

Medical bills

Ongoing medical bills related to the injury/accident

workers comp covers lost wages

Lost Wages

Temporary disability payments

workers comp pays death benefits

Death Benefits

Permanent disability payments

Workers' comp coverage also protects employers from legal action. This means that if an employee sues your business because of a workplace injury, the insurance will cover the legal costs of the case.

How to get workers’ comp insurance in Florida

Getting workers’ comp insurance in Florida is usually relatively simple. A business owner can purchase insurance from any insurance agent operating within the state.

Note that not all agents in Florida offer workers’ comp, though, and it’s important to compare potential policies before deciding. Kickstand Insurance offers workers’ comp throughout Florida. 

What can happen if I don’t have workers’ comp insurance in Florida?

Employers that fail to purchase workers’ comp insurance in Florida face significant penalties. The most common outcome is that the state will issue a stop-work order, which requires the company to halt all operations until it complies with the law.

The business will also be fined and required to pay twice the amount it would have paid in annual premiums during the preceding two-year period. Criminal charges are also possible depending on the situation.

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What are workers’ comp death benefits in FL?

Florida requires that insurance companies provide substantial death benefits in the case that an employee dies as the result of a work-related accident within a year of the accident date, or within five years while receiving continuous disability payments. 

Depending on the situation, the employee’s family could receive up to $7,500 for funeral expenses, up to $150,000 in compensation (up to 66.67% of the employee’s weekly earnings), and education benefits for the surviving spouse (if applicable).

How do workers’ comp settlements work in FL?

An employee who has been injured on the job may attempt to negotiate a larger workers’ comp settlement. This process is handled by the insurance company, its lawyers, and the employee and their lawyer. 

However, the employer should remain engaged during this process. The insurance company will ask the employee and their lawyer to provide a calculation of the total anticipated amount of expenses and then will try to negotiate and find an amount that satisfies everyone involved. If a settlement cannot be reached, a court hearing is usually the next step.

What are the statutes of limitations regarding workers’ comp in FL?

While it’s important to provide Florida workers with protection, it’s also important to protect Florida businesses against claims filed too long after the incident. In most cases, the statute of limitations is two years from the date of the injury. 

However, that does not apply if the injured employee is a minor or not mentally competent, if they were misled by the employer about coverage, or if the insurance company did not inform the worker of their rights. 

Note that Florida has no statute of limitations regarding medical prosthetic device-related care. The Division of Workers’ Compensation is responsible for regulating workers’ compensation claims in the state.

How do I get a workers’ comp insurance policy with Kickstand Insurance?

Start by filling out a short online form about your business. We’ll use that info to get you an estimated quote. Then, one of our experienced agents will contact you to review the quote and make sure you are getting the absolutely lowest rate possible for your business. Once the quote is finalized, you’re ready to buy the policy - often with coverage starting that day!

Learn more about Workers' Comp in Florida

Why use Kickstand to
get workers' comp insurance?

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Unlike other online insta-quote systems,
here your quote is reviewed by experts

Why does it matter?

  • Avoid surprise bills at audit
  • Make sure all your employees are properly covered
  • Protect yourself from lawsuits

What do we check?

  • Business categorized correctly
  • Employees job roles
  • Special discount opportunities
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