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STATE REQUIREMENTS

When Florida requires workers’ compensation

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In Florida, workers' compensation is required once you have four or more employees (in construction, from the first). Part-time employees count toward the four. In agriculture the threshold is six regular employees or twelve seasonal workers. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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Florida rules with sources
TopicThe rule in FloridaSource
Who must carry itA non-construction employer needs coverage once it has four or more employees, full- or part-time. A construction employer needs it from the first employee, and owners and officers working in construction count unless they hold an exemption.Fla. Stat. § 440.02(17), § 440.05, § 440.107; Florida Division of Workers' Compensation — Employer coverage requirements
Who counts as an employeePart-time employees count toward the four. In agriculture the threshold is six regular employees or twelve seasonal workers.Florida Division of Workers' Compensation — Employer coverage requirements
Owners, officers and LLC membersCorporate officers and LLC members can apply to the Division for an exemption (limited to three per company in construction); a sole proprietor outside construction is not an employee.Fla. Stat. § 440.02(17), § 440.05, § 440.107
If you go withoutThe Division issues stop-work orders and assesses a penalty equal to twice the premium that should have been paid during the uninsured period.Florida Division of Workers' Compensation — Employer coverage requirements
StatuteChapter 440, Florida Statutes, sets the employer definition, the exemption process and the enforcement powers above.Fla. Stat. ch. 440 (Florida Senate)

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in Florida

A non-construction employer needs coverage once it has four or more employees, full- or part-time. A construction employer needs it from the first employee, and owners and officers working in construction count unless they hold an exemption.

Who counts as an employee

Part-time employees count toward the four. In agriculture the threshold is six regular employees or twelve seasonal workers. The label on the paycheck does not settle it: Florida applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Corporate officers and LLC members can apply to the Division for an exemption (limited to three per company in construction); a sole proprietor outside construction is not an employee. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

The Division issues stop-work orders and assesses a penalty equal to twice the premium that should have been paid during the uninsured period. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in Florida. When does the policy have to be in place?

Before the first shift if the threshold is met. Florida requires coverage once you have four or more employees (in construction, from the first), and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in Florida?

The form you file does not decide it. Florida applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in Florida?

Corporate officers and LLC members can apply to the Division for an exemption (limited to three per company in construction); a sole proprietor outside construction is not an employee. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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