Free tool · Florida rules

Does this Florida business need workers' comp?

Short answer: in Florida, a construction business needs workers' comp with 1 or more employees, any other business with 4 or more (full- or part-time), and a farm with 6 regular or 12 seasonal workers. Corporate officers and LLC members who own 10% or more count as employees unless they file an exemption, so a one-person construction LLC usually needs coverage or an exemption, while a non-construction LLC with one employee usually does not (Fla. Stat. 440.02).

Answer four questions. The checker applies Florida's thresholds for construction, non-construction, and farm businesses, counts officers and LLC members the way the state does, and tells you what an exemption can and can't do.

1. What does the business do?
2. How is it set up?
3. Who works in the business?
4. Exemptions

Result

Workers' comp is required.

A construction business needs coverage once it has 1 employee, and an officer who works in the business counts.

    Based on Florida Statutes 440.02, 440.05, and 440.107 and the Division of Workers' Compensation. Not legal advice. Confirm with the DWC at (850) 413-1609.

    The rules in plain English

    Construction: 1 employee

    A construction business needs workers' comp as soon as it has one employee. Corporate officers and LLC members who own at least 10% count as employees. Up to 3 of them can file a construction exemption ($50, good for 2 years) if each owns at least 10%. A fourth officer can't be exempt. Construction sole proprietors and partners can't be exempt either, so they count.

    Everything else: 4 employees

    Other businesses need coverage at 4 or more employees, full-time or part-time. Officers and LLC members count unless they file an exemption, and any number of non-construction officers can. Sole proprietors and partners don't count unless they choose to be covered.

    Farms: 6 regular or 12 seasonal

    A farm needs coverage with 6 regular employees, or 12 seasonal workers who work more than 30 days in a season.

    How to look up a coverage or exemption

    The state's Proof of Coverage page has two public searches. Exemption Search shows corporate officers and LLC members who hold a Certificate of Election to be Exempt, and Coverage Search shows a business's carrier, policy number, and coverage dates. Search by employer name (at least 3 letters) or FEIN. A new exemption appears the day after it is issued. A business with neither, and enough employees to need coverage, is out of compliance.

    What happens without it

    The state can shut the job down with a stop-work order. The penalty is twice the premium the business should have paid for the uninsured period in the last 12 months, or $1,000, whichever is more, plus $1,000 for every day it works under the stop-work order. Source: Fla. Stat. 440.107.

    Questions

    How many employees before workers' comp is required in Florida?

    Construction businesses need coverage with 1 or more employees. Other businesses need it with 4 or more employees, full-time or part-time. Farms need it with 6 regular employees, or 12 seasonal workers who work more than 30 days in a season.

    Do corporate officers and LLC members count as employees?

    Yes. Corporate officers and LLC members who own at least 10% count as employees unless they file an exemption with the Division of Workers' Compensation.

    Can a construction business owner be exempt?

    Up to 3 officers of a construction corporation or LLC can be exempt, and each must own at least 10%. The exemption costs $50 and lasts 2 years. Construction sole proprietors and partners cannot be exempt, so they count as employees.

    How do I look up a Florida workers' comp exemption?

    Use the Division of Workers' Compensation's Proof of Coverage page. Its Exemption Search shows officers and members who have a Certificate of Election to be Exempt, and its Coverage Search shows a business's insurance carrier, policy number, and coverage dates. Search by employer name (at least 3 letters) or FEIN. A new exemption shows up the day after it is issued.

    What is the penalty for not having workers' comp in Florida?

    The state can issue a stop-work order. The penalty is 2 times the premium the business should have paid for the uninsured period in the last 12 months, or $1,000, whichever is more. Working while a stop-work order is in effect adds $1,000 a day.

    Is this checker legal advice?

    No. It applies the main rules from Florida Statutes chapter 440 to a few simple questions. Confirm your situation with the Division of Workers' Compensation at (850) 413-1609 or a licensed agent.

    Find the new businesses that need this coverage.

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