What are the requirements for workers’ comp insurance in Florida?

Business owners conducting work in the state of Florida are required to provide workers’ compensation insurance for their employees. Specific employer coverage requirements are based on the number of employees, type of industry and entity organization. To determine if Cerity can cover your Florida business, try our free quote tool.

Workers’ compensation insurance coverage in Florida is purchased by the employer/business that provides benefits for job-related employee injuries. Florida law requires all business owners to purchase workers’ comp insurance coverage (with a few exceptions).

Under a workers’ comp policy, employees are compensated for injuries that occur in the workplace, regardless of fault. This insurance coverage helps keep business owners immune from some injury lawsuits by employees. In Florida, the Division of Workers’ Compensation within the Department of Financial Services is the primary regulator for ensuring workers receive the proper workers’ compensation benefits, which includes benefits for medical expenses, disability, or death. The Office of Insurance Regulation primarily regulates the rates, forms and solvency for workers’ comp insurance coverage. The amount of workers’ compensation coverage is established by law.

What are the repercussions for not having workers’ compensation in Florida?

Florida employers that operate without the required workers’ comp insurance coverage risk civil penalties. Usually, this means that the business would be subject to a stop-work order that requires all operations to stop until the business complies with law and pays a penalty. In this case, the fee is typically equal to twice the amount the employer would have paid in premium for the preceding two-year period!

If the Florida employer does not comply with a stop-work order, the action could result in criminal charges. You could also be subject to a stop-work order if payroll is understated or concealed, employees’ duties are misrepresented/concealed, or there is any attempt to avoid paying workers’ compensation insurance premiums.

What types of injuries are covered with workers’ comp insurance in Florida?

Florida state law determines what types of injuries are covered with workers’ compensation insurance, but there are general guidelines that can help you understand what typically qualifies for a workers’ comp claim.

These include:

• No intentional self-harm, harm that results from drug or alcohol use, or fighting. 
• Must fall within the “course and scope” of employment. If you get into a fender bender on your way home from work after you’ve clocked out for the day, that’s unlikely to qualify.  
• Long-term occupational injuries, including back strain from repetitive motion. When you think of work-related injuries, you probably think of one-time events — but damage can occur over a long period of time. As long as the injury or illness is clearly associated with the employee’s work responsibilities, it may be eligible.