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Workers Comp · Florida

Florida Workers Compensation Insurance for Small Business

Florida law requires workers comp from your first construction employee and your fourth in other trades. We compare multiple A-rated carriers to structure coverage around your payroll.

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A cook, a construction worker, a warehouse worker and an office manager standing together outside a Florida business, flat vector workers comp insurance illustration

What is workers compensation insurance in Florida?

Workers compensation insurance, often called workers comp or workman's comp, pays medical care and part of lost wages when an employee is hurt or gets sick because of the job. It also protects the employer. When the policy is in place, an injured worker generally cannot sue the business for that injury. Florida requires it once a construction business has one employee, and once most other businesses have four. The premium is built on payroll and on the kind of work each employee does. We compare workers comp across multiple A-rated carriers. The quote is free.

Florida Workers Compensation Insurance Requirements

What Florida requiresWhat it means for your business
Coverage from the first employee in the construction industry, and from the fourth employee in most other businesses (§ 440.02(20)(b), Florida Statutes)Construction includes building, clearing, filling, excavation and substantial improvements to a structure or to land (§ 440.02(10)). Anyone you pay for work counts, full time or part time (§ 440.02(18)).
Up to three corporate officers in construction may file an exemption, each owning at least 10% of the company (§ 440.02(18)(b)2.)An exemption applies only to the officer who files it, never to employees. The moment you hire, you need a policy.
Proof of coverage or a valid exemption to get a building permit (§ 440.103)The permit office checks the certificate before it issues.
No coverage: a stop-work order and a penalty of 2 times the premium you should have paid, or $1,000, whichever is greater (§ 440.107(7)(a), (d)1.)Working while the order stands adds $1,000 a day (§ 440.107(7)(c)).
Calling an employee an independent contractor when the law says otherwise: $5,000 per worker (§ 440.107(7)(f))A 1099 does not decide it. The work relationship does.

These are the state's requirements, not a quote. Coverage, eligibility and pricing vary by carrier and by the work your employees do.

Employees vs. 1099 Subcontractors in Florida

Your employees

People you direct, pay by the hour or salary, and send to the job. They count toward the requirement and go on your payroll for the premium. If one is hurt, your policy responds. Their health care off the job comes from a group health insurance plan. Workers a staffing agency places with you stay on the agency's payroll and its policy, as our staffing agency insurance page explains.

Your 1099 subcontractors

Independent businesses with their own coverage or a valid exemption. Collect their certificate before they start. In construction, a sub with no coverage can leave its injured worker on your policy (§ 440.10(1)(b)).

An injured worker with a wrapped wrist being seen by a doctor, illustrating what workers comp pays for

How Workers Comp Insurance Cost Is Calculated

  1. Payroll — The premium starts from what you pay each group of employees in a year.
  2. Job class — Each kind of work has its own class code and rate. Roofers and office staff are rated very differently.
  3. Claims history — Once a business is large enough, its own claims raise or lower the price through an experience rating.
  4. Audit — After the policy year, the carrier checks your real payroll. The premium is adjusted up or down to match it.

Have This Ready for Your Workers Comp Quote

Who writes workers comp insurance in Miami Beach and Miami?

American US Insurance is an independent, bilingual insurance agency headquartered in Kendall that places workers comp for businesses across Florida. We represent you, not a single insurer, and we compare multiple A-rated carriers on every payroll. That matters on workers comp, where workers compensation insurance companies price the same job class very differently. We write workers comp in Miami Beach, Miami, Hialeah and across Florida for restaurants, contractors, offices and staffing businesses. We handle the whole file, from the first quote to the audit.

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Common Questions

Workers Comp Insurance Questions, Answered

Is workers comp insurance required in Florida?

For most employers, yes. A construction business needs it from its first employee (§ 440.02(20)(b), Florida Statutes). Most other businesses need it once they have four employees, and part-time workers count (§ 440.02(18)). Up to three corporate officers in construction can file an exemption for themselves (§ 440.02(18)(b)2.). An exemption never applies to employees. You also need proof of coverage or an exemption to get a building permit (§ 440.103).

How much does workers compensation insurance cost in FL?

The state uses a strict class-code system; the premium is calculated directly against your total employee payroll. A $500,000 payroll for clerical office staff is priced exponentially lower than the exact same $500,000 payroll for a high-hazard roofing crew. Your company's specific claims history (Experience Modification Rate) will then artificially raise or lower that base premium.

Do I need workers comp for 1099 contractors in Florida?

A 1099 tax form does not legally negate employment status. The state evaluates the actual working relationship; if Florida determines your 1099 worker acts as a true employee, you face a $5,000 penalty per worker (§ 440.107). In construction, uninsured subcontractors automatically roll onto your policy (§ 440.10). Always collect active certificates of insurance before subs begin work.

How do I file for a workers comp exemption in Florida?

In the construction industry, up to three corporate officers—each owning a minimum of 10% of the company—can apply for an exemption under § 440.02. The application is filed with the Florida Department of Financial Services alongside a $50 fee. Critically, this exemption only covers the filing officer; the moment you hire an actual employee, you must bind a commercial policy.

What exactly does Florida workers compensation cover?

It provides full medical care and physical rehabilitation for employees suffering work-related injuries or illnesses, while replacing a portion of their lost wages during recovery. It also pays death benefits to the family if a worker is killed on the job. Most policies include employer's liability, funding your legal defense in the rare event an injured worker sues the company directly.

How does a premium workers comp audit work in Florida?

Your initial policy is bound using an estimate of your annual payroll. After the term concludes, the carrier conducts a mandatory audit (via mail, phone, or in person) to calculate your actual finalized payroll. If your actual payroll exceeds the estimate, you owe an additional premium; if it is lower, you receive a refund or credit.

Why use an independent agency for workers comp insurance?

Workers compensation underwriting appetites are highly specialized by job class. A carrier that aggressively prices restaurants may categorically reject structural framers. An independent broker leverages relationships across multiple Florida-admitted carriers to route your specific high-risk or low-risk payroll to the exact market offering the most competitive multiplier.

Can your agency help lift a Florida stop-work order?

Yes. Under § 440.107, a state stop-work order remains aggressively enforced until you secure active coverage and pay the statutory penalty (or initiate a payment plan with a $1,000 down payment). We immediately bind a policy for your required class codes, providing the exact proof of coverage necessary for the state to lift the order so your crews can return to work.
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