Workers Compensation Insurance Florida

Florida Workers' Compensation Requirements

Employers are required to carry workers' compensation insurance in Florida if:

They have four or more part- or full-time employees. This includes corporate officers and Limited Liability Company (LLC) members.
They are in the construction industry and have at least one part- or full-time employee. Sole proprietors, corporate officers and LLC members are considered employees, and many trades are classified as construction businesses in Florida.
They are in the agricultural industry and have at least six employees.

Contractors

Contractors should confirm that their sub-contractors have insurance before they work on a project. Otherwise, the sub-contractor’s employees become the responsibility of the contractor, who can be held liable in a work comp case.

If you are an independent contractor, you might not be covered by the hiring company’s insurance policy and may need to provide proof of work comp. Check whether you'd be considered an employee or an independent contractor and find out what trade contractors need to know before buying work comp insurance.

Owners & Officers

Corporate officers and LLC members may choose to exempt themselves from coverage, if they wish. Sole proprietors and partners are not required to have coverage, but can choose to include themselves on a policy.

Out-of-State Reciprocity

A Florida workers’ compensation policy is only in effect within the state. If your employees travel across state lines to work, make sure you comply with their work comp requirements.

Workers' Compensation Florida Rates

Florida is a base rate state, which means the initial insurance rates are mandated by the state. Florida uses NCCI (National Council on Compensation Insurance) to recommend base rates for each class code. The base rate is multiplied by your payroll, and then your experience modifier and other discounts may be applied to calculate the final premium.

While insurance costs spiked in 2016, more recently Florida rates have decreased. In late 2017, the Florida Insurance Commissioner ordered a statewide rate decrease, citing that safer workplaces and greater use of automation led to fewer workplace injuries.

Florida’s workers’ compensation system has been hotly debated over the past several years, as lawmakers have sought to control insurance costs.

The state legislature also recently passed a bill expanding workers’ compensation benefits to first responders that suffer PTSD or other mental injuries in the line of work.

Florida Work Comp Resources

Workers' compensation regulation: Florida Division of Workers’ Compensation
Assigned risk pool: Florida Workers' Compensation Joint Underwriting Association, Inc.
Florida rating bureau: NCCI (National Council on Compensation Insurance)

Editor's note: Last updated on September 29, 2021

Florida has a private market. You can purchase a workers' compensation policy from any private insurance carrier or agency that is licensed to write in that state. Get started on a policy with WorkCompOne >>

Tips to get workers' compensation insurance in Florida:

Check your state laws. Review the small business work comp requirements below to determine whether your business needs coverage, and which employees must be included on the policy. If your business meets the criteria for requiring work comp, all employees must be covered.
Calculate your payroll. Whether you need work comp insurance depends on the current number of employees, but insurance rates and premiums will be based on the payroll of employees covered by the policy.
Contact an insurance agency or carrier to request a quote. Check that your selected insurer is licensed to write in all states where you need employees covered — that is, all states where your employees perform work.

When you request a quote, you'll need to know: EIN number; number of employees and payroll amount(s); business locations and their addresses.

Another option is to contract with an employee leasing company or professional employer organization. These companies become the legal employer of your workers and provide work comp coverage, in exchange for a fee. Commercial self-insurance funds are also available, and allow members to share liability for workers’ compensation insurance.

If you’re having trouble finding coverage, you can contact the Florida Workers’ Compensation Joint Underwriting Association, which will place you with a carrier.

Learn more about how to get workers' compensation insurance in Florida.