Florida law requires certain employers to carry workers’ compensation insurance. This coverage protects employees who are injured on the job by providing medical treatment and partial wage replacement. It generally limits an employee’s ability to sue an employer for workplace injuries.
However, not every business in Florida is required to carry workers’ compensation insurance. The rules depend on the type of business and the number of employees.
General Rule for Workers’ Comp Insurance in Florida
Most non-construction businesses in Florida must carry workers’ compensation insurance if they have four or more employees, regardless of whether those employees are full-time or part-time.
If a business has fewer than four employees and does not fall into a special category, it may not be legally required to carry coverage. However, many small businesses still choose to obtain workers’ compensation insurance voluntarily to protect themselves from liability for employee injuries.
Special Rules for Construction Companies
Construction businesses are subject to stricter requirements. In Florida, a construction company must carry workers’ compensation insurance if it has one or more employees. Meaning, even if a construction company employs only one worker, it is generally required to maintain workers’ compensation coverage.
In addition, contractors must generally ensure that subcontractors carry proper workers’ compensation coverage. If a subcontractor fails to carry insurance, the general contractor may be liable for injuries sustained by that subcontractor’s employees.
Agricultural Employers
Agricultural businesses are governed by a different set of rules.
A farming operation must carry workers’ compensation insurance if it has:
- Six or more regular employees, or
- Twelve or more seasonal workers employed for more than 30 days in a season
If an agricultural employer meets either of these standards, workers’ compensation coverage is required.
Out-of-State Employers Working in Florida
Companies based outside Florida that perform work within the state may also be required to carry Florida workers’ compensation coverage. Even if a business has coverage in another state, it may need to obtain a Florida-specific policy if it has employees working on Florida job sites.
What Happens if an Employer Fails to Carry Required Coverage?
Florida takes workers’ compensation compliance seriously.
Employers who fail to carry required insurance may face:
- Substantial fines
- Personal liability for employee injuries
- Potential criminal penalties
If an uninsured employer’s worker is injured, the employer may be directly responsible for paying medical bills and lost wages. In some cases, the injured worker may also be allowed to file a personal injury lawsuit against the employer for additional damages.
What Compensation Does Workers’ Compensation Provide?
If you are injured at work in Florida, your rights depend in part on whether your employer was required to carry coverage. If they were, you may be able to seek workers’ comp benefits without having to prove that your employer was at fault or that you didn’t cause the accident. This system is “no fault.”
Workers’ compensation typically provides benefits for:
- Reasonable and necessary medical expenses
- Partial wage replacement
- Disability benefits
- Death benefits for surviving family members
If your employer doesn’t carry workers’ comp insurance, or a third-party was responsible for causing your accident, you may be entitled to additional damages through a personal injury lawsuit. A successful claim provides money for future medical expenses, all lost income, and your pain and suffering, among other things.
Contact the Jacksonville Workers’ Compensation Lawyers at Baggett Law Personal Injury Lawyers for Help Today
If you were injured on the job and wonder whether your employer has workers’ comp coverage, you should consult an experienced Jacksonville workers’ compensation lawyer. An attorney can help you seek all the benefits you’re entitled to under Florida law. They can also evaluate whether you have a personal injury lawsuit against your employer or another party — and pursue additional damages to make you whole.
For more information, please contact the Jacksonville and Ponte Vedra personal injury 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