Florida Workers’ Compensation Requirements
Who must carry workers’ compensation in Florida, how construction and non-construction employers differ, exemptions, and where to confirm current rules.
A plain-language summary of Florida’s employer requirements, with links to the official source.
The short version
These are summaries. The law is in Chapter 440, Florida Statutes, and the Florida Division of Workers’ Compensation applies it, so confirm your own situation with the Division.
- Construction industry employers with one or more employees must have workers’ compensation coverage, and corporate officers and LLC members count as employees unless they obtain an exemption.
- Non-construction industry employers generally must have coverage once they have four or more employees; an exempt corporate officer does not count toward that total.
- Agriculture agricultural employers have their own thresholds listed by the state.
Sole proprietors, partners and officers
In non-construction businesses, a sole proprietor or partner who has three or fewer full- or part-time employees is generally not required to carry coverage, and the owner is not counted. Corporate officers and LLC members in non-construction businesses may be able to elect an exemption if they meet the state’s requirements. Construction businesses follow stricter rules for officers and owners.
Contractors and subcontractors
The Division advises contractors to make sure every subcontractor has the required workers’ compensation coverage before work starts. If a subcontractor does not, their workers may become the contractor’s employees for workers’ compensation purposes, and the contractor is responsible for the benefits. Keep certificates of insurance on file.
Why compliance matters
Employers who are required to carry coverage and do not can face enforcement actions from the Division, which may include penalties and stop-work orders, and can be responsible for an injured employee’s costs. The Division’s Bureau of Compliance can answer questions about a specific business.
Next steps
- Check the official page read the Division’s coverage requirements for your industry.
- Count your employees including part-time workers, and note which are officers or owners.
- Request a quote tell us your payroll, job duties and employee counts and we will walk you through options.
Questions
Do I need workers’ comp if I only have part-time employees in Florida?
Part-time employees are generally counted toward the threshold for non-construction employers. The exact rule depends on your industry, so confirm with the Division of Workers’ Compensation.
Can a business owner exclude themselves from coverage?
In some situations, yes. Exemptions have eligibility rules and a formal process, and the rules are stricter in construction. Check the Division’s exemption pages or ask us.
Is this page legal advice?
No. It is general information checked against the Division’s published guidance. Rules change, so verify them with the Division or a licensed professional.