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Workers' Compensation in Florida: What Employers Are Required to Carry

May 4, 2026 ยท EasyCommercialInsurance.com

Florida has some of the strictest workers' compensation laws in the country. If you employ workers in the state โ€” even part-time โ€” you need to understand your legal obligations. Non-compliance doesn't just mean fines. It can mean a stop-work order that shuts down your business on the spot.

Who Is Required to Carry Workers' Comp in Florida?

Florida law bases the requirement on industry type:

  • Construction industry: Any employer with one or more employees (including the owner) must carry workers' compensation. This is the strictest standard in the country.
  • Non-construction industries: Employers with four or more employees are required to carry coverage.
  • Agricultural employers: Required to cover employees if they have six or more regular employees, or 12 or more seasonal workers who work more than 30 days during the season.

Corporate officers and LLC members in construction are included in the employee count unless they file for an exemption with the Florida Division of Workers' Compensation.

What Workers' Comp Covers

Workers' compensation covers your employees if they're injured on the job โ€” regardless of who was at fault. Key benefits include:

  • Medical treatment: 100% of work-related medical expenses with no deductible to the employee
  • Lost wages: Temporary partial or total disability benefits (typically 66โ…”% of the employee's average weekly wage)
  • Permanent disability benefits: For lasting injuries that affect earning capacity
  • Death benefits: For families of workers killed on the job

In exchange for this coverage, employees generally cannot sue their employer directly for workplace injuries โ€” this is the core trade-off known as the exclusive remedy doctrine.

Consequences of Non-Compliance

Florida's Department of Financial Services conducts random compliance audits. If you're found operating without required coverage:

  • Immediate stop-work order โ€” your business shuts down on the spot
  • Penalty equal to 2x the premium you would have paid for the prior two years
  • Possible criminal charges for continued non-compliance

How Much Does Workers' Comp Cost in Florida?

Florida workers' compensation rates are class-code based, tied to the specific type of work your employees do. Rates are expressed per $100 of payroll. A roofing contractor pays dramatically more than a software company. An independent agent can run multiple carrier quotes to find the most competitive rate for your payroll class.

Need workers' comp for your Florida business? Visit our dedicated Florida workers comp resource or call EasyCommercialInsurance.com at 800-616-1418 โ€” we'll get you compliant quickly.

Questions About Your Florida Business Insurance?

Our team specializes in Florida commercial insurance. We shop multiple A-rated carriers to find the best coverage at the best price for your business.