Florida workers’ comp requirements
Florida requires workers’ compensation for construction employers with one or more employees and for most other employers with four or more. Agricultural employers must carry it once they have six or more regular employees or twelve or more seasonal workers who meet the state’s day thresholds.
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Official page: Florida DFS, Division of Workers’ Compensation: Coverage requirements
Who must carry it
- Outside construction, sole proprietors and partners are not counted as employees unless they choose to be covered and file form DWC-251.
- Out-of-state employers with employees working in Florida must tell their insurance company. A Florida policy must list Florida in item 3A. Some employers can work in Florida temporarily under their home state’s policy through reciprocity rules.
- Contractors must make sure their subcontractors carry coverage.
When Florida employers must carry workers’ comp
- Must carry it with
- 1 or more employees, counting corporate officers and LLC members
- Must carry it with
- 4 or more employees, counting corporate officers and LLC members
- Must carry it with
- 6 or more regular employees, or 12 or more seasonal workers who work more than 30 days in a season or more than 45 days in a calendar year
| Industry | Must carry it with |
|---|---|
| Construction | 1 or more employees, counting corporate officers and LLC members |
| Other industries | 4 or more employees, counting corporate officers and LLC members |
| Agriculture | 6 or more regular employees, or 12 or more seasonal workers who work more than 30 days in a season or more than 45 days in a calendar year |
Official page: Florida DFS, Division of Workers’ Compensation: Coverage requirements
Construction exemptions
- Up to three corporate officers or LLC members can be exempt from coverage.
- Each must own at least 10% of a business that is registered and active with the Florida Department of State.
- The exemption costs $50, and the business cannot have an active stop-work order.
Official page: Florida DFS, Division of Workers’ Compensation: Construction exemptions
Ways to carry it
- A policy from an insurance company authorized in Florida.
- Self-insurance, authorized by the Department of Financial Services after a financial review by the Florida Self-Insurers Guaranty Association.
- Local governments can join a local government pool.
- The state and its political subdivisions are treated as self-insurers.
Official page: Florida Statutes section 440.38
Penalties for going without
- DFS can issue a stop-work order that shuts down work until the employer comes into compliance.
- The penalty is twice the premium the employer would have paid for the periods it went without coverage in the previous 12 months (24 months for repeat violations), or $1,000, whichever is greater.
- Working in violation of a stop-work order adds $1,000 per day.
Official page: Florida Statutes section 440.107
Questions about this page
- Is workers comp required in Florida?
- Yes for construction employers with one or more employees, most other employers with four or more, and agricultural employers with six or more regular employees or twelve or more seasonal workers who meet the state’s day thresholds, according to Florida DFS.
- Do corporate officers count as employees for Florida workers comp?
- Yes. Corporate officers and LLC members count toward the employee total. In construction, up to three officers or members who each own at least 10% can apply for an exemption.
- What is the penalty for not having workers comp in Florida?
- DFS can issue a stop-work order. The penalty is twice the premium the employer would have paid for the periods it went without coverage in the previous 12 months (24 months for repeat violations), or $1,000, whichever is greater.
Florida agencies that say they offer workers’ comp insurance
Related
Official sources
- Florida DFS, Division of Workers’ Compensation: Coverage requirements
- Florida DFS, Division of Workers’ Compensation: Construction exemptions
- Florida Statutes section 440.38
- Florida Statutes section 440.107
Last checked Oct 27, 2026. Rules change; check with the Florida Department of Financial Services, Division of Workers’ Compensation for your situation.