Workers Comp Requirements in Florida

If you are an “employee” in the state of Florida, it is almost a certainty that your employer is required to provide workers compensation insurance.

According to Florida law 440.02, the definition of an “employee” means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors.”

Definition of an Employee

Two vital parts of that definition for both employers and employees are:

• “… any person who receives remuneration” means anyone who gets paid.
• “… whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors.” means undocumented workers are eligible for workers comp benefits.

Coverage Requirements for Employers

Specific coverage requirements are based on the type of business you operate and how many employees you have.

For example, companies in the construction industry with one or more full-time or part-time employees, must have workers comp insurance. Corporate officers may exempt themselves, but no more than three officers may be exempted.

Any non-construction companies with four employees, full- or part-time, must have workers comp.

The rules for the agricultural industry are six or more regular employees and/or 12 seasonal employees who work more than 30 days means you must have workers comp insurance.

Out-of-state employers who have employees working in the state of Florida must notify their insurance company and those employees must have a Florida workers compensation policy or have an endorsement added to the out-of-state policy that lists Florida in Section 3A. The same is true of contractors who hire out-of-state subcontractors.

Contractors must make certain that all subcontractors have workers compensation insurance before they begin work on a project. If they don’t, the contractor is responsible for paying benefits for a work-related injury, illness, or fatality.

As mentioned above, if a worker is undocumented – sometimes called “an illegal” – they are still eligible for workers compensation benefits in Florida.

You can search the Florida database of workers comp compliance to be sure your employer has workers comp insurance.