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If you’re a Florida employer looking to protect both your business and your team, you’re in the right place. At Beyond, we provide the essential information you need to understand how workers’ compensation works and how to stay compliant.
Workers’ compensation is a key protection for both employers and employees. It helps cover medical bills, lost wages, and rehabilitation costs if a worker gets injured or becomes ill due to job-related duties. At the same time, it protects employers from most lawsuits stemming from workplace accidents or illnesses.
Yes — in most cases. Florida’s coverage rules depend on your industry and headcount. In general: non-construction businesses must carry workers’ compensation when they have four (4) or more employees (including non-exempt corporate officers and LLC members); construction businesses must carry coverage when they have one (1) or more employees; and agricultural employers must carry coverage when they have six (6) or more regular employees and/or twelve (12) or more seasonal employees who work more than 30 days during a season or more than a total of 45 days in the same calendar year.
In Florida, construction employers with one (1) or more employees are generally required to carry workers’ compensation coverage. Subcontractors are responsible for providing coverage for their own workers — but the primary contractor is responsible for ensuring subcontractors have valid coverage (or valid exemptions where allowed). If a worker is injured without being protected by insurance, the contractor may become responsible for payment of benefits.
Certain corporate officers or LLC members may be eligible to elect an exemption in construction if they meet Florida’s requirements (including minimum ownership thresholds and limits on the number of exemptions). For example, construction exemptions generally require at least 10% ownership, and no more than three officers/members per business (or affiliated group) may elect to be exempt.
Agricultural employers must provide workers’ compensation coverage when they employ six (6) or more regular employees, and/or twelve (12) or more seasonal employees who work more than 30 days during a season or more than a total of 45 days in the same calendar year.
Florida’s “exemption” process is generally intended for corporate officers and LLC members who want to exclude themselves as employees for workers’ compensation purposes. If an exemption is issued, the officer/member is not considered an employee of the business for workers’ comp and generally may not recover workers’ compensation benefits.
Exemption rules vary by industry:
Construction: officers/members typically must attest to at least 10% ownership, and there are limits on how many exemptions can be issued per business (commonly up to three). A fee may apply.
Non-construction: corporate officer exemptions do not require the same ownership threshold as construction; LLC member exemptions generally require at least 10% ownership, and no more than 10 LLC members may elect to be exempt.
Also note: sole proprietors and partners in non-construction are not treated as employees unless they elect to be included on the policy by filing the appropriate form (DWC-251).
Employers have a few different options for securing coverage:
Purchase from a licensed workers’ compensation insurance carrier
Partner with a Professional Employer Organization (PEO) that handles coverage on your behalf
Qualify for self-insurance (individually or as a commercial group)
While traditional policies are paid upfront, many employers now prefer pay-as-you-go plans that integrate with payroll. These plans automatically adjust premiums as your workforce changes – something that Beyond can help you set up seamlessly through integrated payroll services.
Failing to maintain a valid workers’ compensation policy in Florida can lead to serious consequences:
The state may issue a Stop-Work Order (SWO) requiring business operations to cease until the business becomes compliant and penalties are addressed.
Working in violation of an SWO can trigger a $1,000 per day penalty for each day observed operating in violation, and may carry criminal consequences under Florida law.
Florida may assess a penalty equal to 2 times the amount the employer would have paid in manual premium over the applicable lookback period (the state notes this can be based on the preceding 12 or 24 months, depending on the circumstances), subject to statutory minimums.
Employers must pay the full cost of workers’ compensation coverage — employees cannot be charged for any portion of the premium.
Employees should notify their employer as soon as possible after a work-related incident. Under Florida law, an employee generally must advise the employer of an injury within 30 days after the date of (or initial manifestation of) the injury.
For additional details, check out the following:
Workers’ compensation isn’t just a legal requirement — it’s a practical way to protect your business and your people. With the right coverage in place, employees have support if something goes wrong, and employers reduce the risk of costly disputes and disruptions. If you have questions about Florida coverage rules, exemptions, or how to set up a policy that fits your workforce,
