Is Workers’ Compensation Required in Florida

Is workers’ compensation required in Florida? In short, yes. Employers are required to carry workers’ compensation. It is necessary to provide injured employees with monetary relief if they find themselves injured on the job.

It’s a benefit for the workers in the event they cannot continue to work due to a work-related injury. If they can’t work then they’re unable to earn money for themselves and/or their family. Plus, it protects employers from potential lawsuits by injured employees seeking financial compensation for suffering or anguish.

When Is Workers’ Compensation Required in Florida?

Who needs it and when is workers’ compensation required in Florida? Employers operating a public business in Florida are required by law to carry it. Government employees are under a separate federal workers’ compensation plan.

Each state’s workers’ comp systems vary slightly in the specifics. The number of employees, the industry type, and entity organization determines the coverage requirements. The biggest differences include the amount paid to hurt employees, and the rules set in place for employers, employees, and insurance companies to follow.

Workers’ comp provides replacement income when an employee can’t work due to injury, payments for medical expenses, rehabilitation benefits, etc. Individuals permanently injured on the job may be eligible for long-term benefits.

Workers’ Compensation Requirements by Industry

Non-construction Industry

In Florida, non-construction companies employing four or more employees, both part-time and full-time, are required to provide workers’ compensation insurance. This includes the owners who are corporate officers or Limited Liability Company (LLC) members.

Individuals operating as Sole Proprietors or partners in a Partnership are not considered to be employees. In order to be covered by a business’ workers’ compensation insurance policy, they must fill out form DWC 251 and file it with the Division of Workers’ Compensation.

Construction Industry

A construction company containing one or more employees, including the owners who are corporate officers or LLC members must carry workers’ comp insurance. A full list and description of the businesses falling under the construction industry can be found in the Florida Administrative Code under Rule: 69L-6.021.

Agricultural Industry

The rules for agricultural industry stipulate a business with six year-round employees and twelve seasonal workers, working more than 30 days during a season but no more than 45 days in a calendar year must carry workers’ compensation.

Out-of-State Employers

Employers are required to notify their insurance agent if they are working in the State of Florida. An employer running a business in Florida must obtain and maintain a Florida approved insurance policy that includes workers’ compensation. The Extraterritorial Reciprocity clause does allow some employers to temporarily work in Florida using their home state’s workers comp insurance.


It is the responsibility of contractors to ensure their sub-contractors carry the proper insurance prior to beginning any work. If a work-related injury occurs, any employees under the sub-contractor become the responsibility of the contractor. This makes the contractor liable for any related expenses.


Some business owners can file to exclude themselves from the workers’ compensation laws. In order to qualify, they must fill out an application form to determine eligibility.

Don’t get caught without it!

When is workers’ compensation required in Florida? Always. Even though the rates for workers’ comp insurance have increased, the benefits outweigh the cost. Just as car insurance is there to cover you in case you need it, so is workers’ compensation. Why risk being caught without it?