Who Must Carry Florida Workers' Compensation
Florida's workers' compensation law applies to every employer with one or more employees, except for sole proprietors who employ no one, independent contractors, and a few exempt industries such as the construction of public works. If you hire a worker, you must provide coverage. Employers who fail to obtain insurance risk fines, civil penalties, and the possibility of being sued by injured employees.
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Coverage and Benefit Limits
Florida's policy limits are set by the Florida Office of Insurance Regulation and are indexed to inflation. Current limits (effective 2024) include:
| Benefit Type | Maximum Amount |
|---|---|
| Medical Expenses | $100,000 |
| Permanent Disability | $150,000 |
| Temporary Disability (TBI) | Up to 60% of wages, capped at $100,000 |
| Temporary Disability (Other) | Up to 60% of wages, capped at $100,000 |
These caps are adjusted annually. Employers should review their policy statements to confirm they match the current limits.
Premium Calculation and Payment
Florida uses a *per‑employee* rate system. Premiums are calculated based on a flat rate per employee, not on payroll size or job risk. Rates are published quarterly by the Florida Workers' Compensation Board (FWCB) and vary slightly by industry classification. Employers must file a payroll report each month and pay premiums by the 15th of the following month. Late payments trigger interest and a 10% penalty.
Reporting and Filing Deadlines
Key deadlines include:
- Monthly payroll report – due 15th of month following payroll.
- Annual return – due May 15th.
- New hire notification – within 30 days of employment start.
- Employee injury claim – must be reported to the insurer within 15 days of the injury.
Failure to meet these dates can result in fines ranging from $50 to $500 per violation.
Penalties for Non‑Compliance
Employers who do not carry required insurance face civil penalties of $25 per employee per day until coverage is established. Additionally, they may be liable for the full cost of employee medical expenses and lost wages. The FWCB can also revoke an employer's license to operate in Florida.
Exemptions and Special Cases
Certain categories are exempt from insurance requirements: sole proprietors with no employees, independent contractors, and employees of federal contractors who are covered under federal workers' compensation. However, if an exempt employer hires a worker, coverage must be obtained immediately.
How to Verify Coverage
Employers should keep a copy of the workers' compensation policy and proof of payment. The Florida Department of Insurance publishes a searchable database of licensed insurers. Employees can also request a copy of the insurer's license and claim status from the employer.