State of florida department of financial services division of workers compensation exemption

Workers’ Comp Florida

Your workers’ compensation insurance gives benefits to your employees that have a job-related injury or illness. These benefits can help pay for:

  • Lost wages
  • Medical expenses
  • Funeral costs
  • Legal fees

State of florida department of financial services division of workers compensation exemption
To learn more about benefits like covered medical treatments, you can get a workers’ compensation quote today.

Who Needs Workers’ Compensation in Florida?

Florida workers’ compensation law says that most businesses with four or more employees need workers’ comp coverage. However, your industry, size and type of employees does impact the specific coverage you need.1

Some industries that need a workers’ comp policy include:

Construction companies with at least one employee. Keep in mind that corporate officers or limited liability company (LLC) members also count as employees.**

State of florida department of financial services division of workers compensation exemption
Non-construction businesses with at least four workers. This includes business owners who are corporate officers or LLC members.**

Agricultural companies with at least six employees. Coverage is also needed if there are 12 temporary employees who work more than 30 days during a season, but no more than a total of 45 days in a calendar year.**

Out-of-state employers with workers in Florida need a workers’ comp policy with an approved insurance carrier.**

Florida’s Division of Workers’ Compensation within the Department of Financial Services can give you more details on the state’s requirements.

Florida Workers’ Comp Exemption

State of florida department of financial services division of workers compensation exemption
There are a few Florida workers’ compensation exemptions for companies and employees who may not need coverage. For instance, sole proprietors and partnerships can go without workers’ comp coverage by filing for a certificate of election to be exempt. However, these businesses can still buy a policy by filing for election of coverage with The Division of Workers’ Compensation.

Some other workers’ compensation exemptions include:2

Corporations outside of the construction industry must register with the Florida Department of State Division of Corporations. An officer of the company will need to apply for an exemption from workers’ compensation.

Limited liability companies (LLCs) outside of the construction industry must register with the Florida Department of State Division of Corporations. The applicant must have at least a 10% ownership of the LLC, and there can’t be more than 10 members be exempt.

For businesses in the construction industry, the eligibility for exemption is different.3

Corporations and LLCs in the construction industry must register with the Florida Department of State Division of Corporations.

  • An officer of the corporation or LLC member with at least 10% ownership will need to apply.
  • No more than three officers or members can be exempt.
  • There is a $50 application fee. 

How Does Workers’ Compensation Work in Florida?

State of florida department of financial services division of workers compensation exemption
If your employees have a job-related injury or illness, your workers’ compensation insurance can help pay for important benefits like medical expenses. This includes care for repetitive stress injuries, and ongoing treatments, like physical therapy.

This coverage also helps replace lost wages if you have injured workers who need time off to recover from a work-related injury or illness. It can also help cover a permanent disability that keeps your employee from returning to work. It’ll even help cover funeral costs if a job-related accident causes the death of an employee.

Florida Workers’ Compensation Laws

State of florida department of financial services division of workers compensation exemption
The Division of Workers’ Compensation in Florida helps ensure businesses have the resources for workers’ comp programs. They’re able to help injured workers’, employers, health care providers and insurers follow Florida laws. They can help you find out:

  • If you need Florida workers’ compensation coverage
  • When injured or sick employees can receive benefits
  • How much to pay workers’ comp attorneys

How Much Is Workers’ Comp in Florida?

The cost of workman’s comp insurance is calculated per $100 of payroll with this formula:

Workers’ Classification Code Rate X Experience Modification Number X (Payroll/$100) = Premium***

Your state determines your classification code depending on the type of work your employees do. Your state will also decide your experience modification number by comparing your company to others in your industry.

Florida Workers’ Compensation Claims

** Workers’ compensation requirements as of January 2019.

*** The simplified workers’ compensation premium calculation is for reference purposes only. Actual premium calculations can be more complex. Experience mods are subject to state requirements and do not apply to every policy.

Who is Exempt from workers compensation insurance in Florida?

Generally speaking, any business with fewer than four employees is exempt from workers' compensation insurance. Businesses with four or more employees, whether those employees work part-time or full-time, must carry workers' compensation insurance that covers all employees.

How long does it take to get a workers comp exemption in Florida?

Workers' compensation exemptions must be renewed each year. The exemption takes 30 days to be effective.

Are employers required to have workers compensation insurance in Florida?

Employers conducting work in the State of Florida are required to provide workers' compensation insurance for their employees. Specific employer coverage requirements are based on the type of industry, number of employees and entity organization.

Does a sole proprietor need workers comp exemption in Florida?

Sole proprietors and Partners are not considered “employees” and are automatically excluded from workers' compensation coverage by law; they do not have to file for an exemption.