Florida Workers' Compensation laws & safety compliance analysis

Florida Workers' Compensation: What you need to know

Who Is Covered?

All Florida employers in the construction industry and employers of 4 or more workers in other industries, as well as state and local governments, must provide employees with workers' compensation coverage (FL Stat. Sec. 440.02). The only exceptions are the following types of workers:

  • Casual labor that is performed outside the usual course of the employer's business on work lasting 10 or fewer days and paying less than a total of $500
  • Domestic servants in private homes
  • Professional athletes
  • Farm laborers of employers with 5 or fewer regular employees and fewer than 12 other employees at one time for seasonal labor that is completed in less than 30 days, and no more than 45 days in the same year
  • Independent contractors as defined by state statute
  • Band, orchestra, musical, and theatrical performers
  • Freelance cab drivers
  • Real estate agents paid by commission
  • Volunteers who receive no compensation other than reimbursement for expenses
  • Sports officials for interscholastic sports events, or for amateur sports events sponsored by a public entity or private, nonprofit organization
  • Community service ordered by the court
  • Prisoners, except those performing services for private employers
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Sole proprietors and partners may elect to be covered. Limited Liability Company (LLC) members must be included as employees on their workers' compensation insurance policy; however, they may they may apply to be exempt by filing a Notice of Election to Be Exempt with the Division of Workers' Compensation (DWC). Corporate officers may elect not to be covered. An officer must be a shareholder, owning at least 10 percent of the stock of the corporation, and must be listed as an officer of the corporation with the Division of Corporations of the ...

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