Workers’ compensation provides financial protection for employees who suffer injuries on the job, helping cover medical expenses and lost wages. In Florida, most employers are required to carry workers’ compensation insurance, but the specific requirements can vary depending on the size and type of business.
Knowing whether coverage is required—and what it includes—can help both employers and employees understand their rights and responsibilities after a workplace accident.
Which Employers Must Carry Workers’ Compensation Insurance?
Florida law requires most businesses to maintain workers’ compensation insurance for their employees. The specific requirements depend on the company’s size and the type of work being performed.
Construction businesses must carry workers’ compensation insurance if they have one or more employees. This coverage helps provide benefits to workers injured in a construction accident. Non-construction businesses must carry coverage if they employ four or more workers (full-time or part-time).
Agricultural employers must carry coverage if they have six or more regular employees, or 12 or more seasonal workers who work more than 30 days in a season but no more than 45 days in a year.
Workers’ compensation coverage typically pays for a worker’s reasonable medical treatment and a portion of lost wages connected to an on-the-job accident. The system is designed to provide benefits regardless of who was responsible for the accident.
When Can an Employer Opt Out?
Florida law exempts certain employers and individuals from its workers’ compensation insurance requirements.
Some common exemptions include:
- Corporate officers or LLC members. Certain corporate officers or members of limited liability companies in non-construction industries may apply for exemptions from workers’ compensation coverage.
- Independent contractors. Independent contractors may not be covered by the employer’s workers’ compensation policy. However, employers sometimes misclassify workers as contractors to avoid insurance obligations.
- Small non-construction businesses. Companies outside the construction industry with fewer than 4 employees may not be required to carry workers’ compensation insurance.
- Certain agricultural employers. Small agricultural businesses may qualify for exemptions if they employ fewer workers than required.
These exemptions aren’t always automatic. Misclassifying workers or improperly claiming an exemption can expose a business to significant penalties under Florida workers’ compensation law.
What Happens if an Employer Doesn’t Have Workers’ Compensation Insurance?
Failing to comply with Florida workers’ comp requirements can lead to serious consequences for employers.
If a business does not maintain workers’ compensation insurance, the Florida Workers’ Compensation Enforcement Division may impose penalties.
Possible consequences include:
- Stop-work orders, which require the business to immediately cease operations.
- Financial penalties, often calculated based on the amount of unpaid insurance premiums.
- Personal liability for workplace injuries, meaning the employer may be directly responsible for paying damages to injured workers.
When an employer does not have the required coverage, injured employees may have the right to pursue a personal injury case instead of a traditional workers’ compensation claim. Personal injury lawsuits allow injured workers to recover additional damages that workers’ compensation benefits typically do not cover, such as pain and suffering, full lost wages, and other financial losses.
Contact the Jacksonville Workplace Accident Lawyers at Baggett Law Personal Injury Lawyers for Help Today
For the most part, injured workers should be able to rely on their employer’s workers’ compensation insurance if they get hurt on the job. However, not all employers meet their legal obligations; others may misclassify workers who should be entitled to benefits.
If you were injured on the job and are unsure about your rights under Florida workers’ compensation law, speaking with an experienced attorney can help you understand your options.
For more information, please contact the Jacksonville and Ponte Vedra workplace accident law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167