Workers Compensation Insurance in Florida
Workers comp covers medical bills and lost wages when employees are injured or become ill on the job. In Florida, it also protects you as the employer. Workers comp is the exclusive remedy for workplace injuries, meaning covered employees generally cannot sue you for workplace injuries. Without it, you are exposed to lawsuits with no cap on damages.
What workers comp usually covers
Medical expenses
Doctor visits, hospital stays, surgery, prescriptions, and rehabilitation related to a workplace injury or illness.
Lost wages
Partial wage replacement while the employee is unable to work due to the injury or illness.
Disability benefits
Temporary or permanent disability payments if the employee cannot return to full duty.
Employers' liability
Legal defense and damages if an employee sues you for a workplace injury outside of the workers comp system.
What workers comp does NOT cover
- Injuries to customers, clients, or the general public (general liability)
- Independent contractors and 1099 workers (they are responsible for their own coverage)
- Intentional self-inflicted injuries
- Injuries that occur while the employee is committing a crime or violating company policy
- Damage to your property or equipment (business owners policy)
- Professional errors or bad advice (professional liability)
Florida requirements
Per Florida Statute 440.02
Construction businesses
Required with 1 or more employees. Corporate officers can file for exemption but lose sole-remedy protection.
Non-construction businesses
Required with 4 or more employees.
Agricultural businesses
Required with 6 or more regular employees or 12+ seasonal workers.
Operating without required workers comp in Florida is a criminal offense. Penalties include stop-work orders, fines of $1,000 per day, and potential felony charges for repeat violations.
Workers comp for Florida contractors
Construction is where workers comp hits hardest in Florida. With the 1-employee threshold, even solo contractors with one helper need coverage. General contractors also face downstream liability. If a subcontractor on your job does not carry their own workers comp, their employees are legally considered yours for workers comp purposes.
Premiums for construction trades are among the highest because of injury exposure. Electricians, plumbers, roofers, and HVAC contractors should expect higher rates than office-based businesses, but the alternative (stop-work orders, $1,000/day fines, felony charges) makes it non-negotiable.
Workers comp for restaurants and food service
Restaurants are another high-volume workers comp category. Kitchen burns, slips, cuts, and repetitive strain injuries are common. Florida requires workers comp for restaurants with 4 or more employees, and most restaurant groups hit that threshold quickly.
Restaurant workers comp premiums are moderate compared to construction but still represent a significant cost for multi-location operators.
How much does workers comp cost in Florida?
Workers comp premiums vary based on your industry, payroll, and claims history. Most businesses can get a personalized quote in minutes through our online tool.
How we place your coverage
We work with A-rated carriers backed by some of the largest reinsurers in the world to find the right coverage for your business. As an independent agency, we are not locked into a single carrier, so we can shop your policy across multiple options and find the best fit for your risk profile and budget.
Frequently asked questions
Is workers comp required for my Florida business?
If you are in construction, yes, with even 1 employee. Non-construction businesses need it with 4+ employees. Agricultural businesses with 6+ regular or 12+ seasonal employees.
Can I exempt myself as an owner?
It depends on your business structure. Sole proprietors and partners are already exempt from workers comp requirements in Florida unless they elect coverage. Corporate officers can file for exemption with the Florida Division of Workers Compensation, but this removes your sole-remedy protection. If an employee gets hurt and sues, there is no cap on damages. Most agents advise against exemption for corporate officers for this reason.
What happens if my subcontractor doesn't have workers comp?
In Florida, if your sub does not carry their own workers comp, their employees are legally considered YOUR employees for workers comp purposes. Always collect certificates of insurance from every subcontractor.
How is my premium calculated?
Workers comp premiums use the formula: (Payroll / 100) x NCCI Class Code Rate x Experience Modifier. New businesses start with a 1.0 experience mod. Your classification code reflects the risk level of your work, so roofers pay more than accountants.
What penalties exist for not carrying required workers comp?
Florida issues immediate stop-work orders, fines of $1,000 per day of non-compliance, and potential felony charges for repeat offenders. It is one of the most aggressively enforced insurance requirements in the state.
What is an experience modification rate?
Your experience mod (or e-mod) is a multiplier applied to your workers comp premium based on your claims history compared to similar businesses. New businesses start at 1.0. Fewer claims push it below 1.0 (lower premium). More claims push it above 1.0 (higher premium). It is one of the biggest factors in your annual workers comp cost.
Ready to protect your business?
Most Florida businesses can get a workers comp quote in under 10 minutes. No paperwork, no phone calls unless you want them.
The coverage descriptions on this page are general summaries for informational purposes only. They do not constitute an offer or guarantee of coverage. Actual policy terms, conditions, exclusions, and limits are determined by the issuing carrier. Please review your policy documents carefully or contact us with questions.