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Workers’ Compensation Insurance in Florida

Workers' Compensation Insurance in Florida

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If your business has employees in the state of Florida, you’ll need to make sure you adhere to Florida’s Workers’ Compensation Insurance laws. Workers’ Compensation provides medical and financial benefits for employees who suffer work-related injuries or illnesses or for their survivors in the case of an employee death.

Who needs Workers’ Compensation Insurance in Florida?

Florida requires all employers with four or more employees to obtain Workers’ Compensation Insurance, with special requirements for businesses in the agricultural and construction industries. Employers in the construction industry must carry coverage if they employ one or more employees, while employers in the agricultural industry must carry coverage if they employ at least six regular employees or 12 seasonal workers who work more than 30 days during a season but no more than a total 45 days in a calendar year.

In Florida, an “employee” is usually defined as any person who has entered into or works under a contract for hire or apprenticeship with an employer.

The Florida Workers’ Compensation Law (WCL) defines all of the requirements for Workers’ Comp in Florida, and the Florida Division of Workers’ Compensation (DWC) monitors, enforces, and administers the program. Ensuring your company is in compliance is critical, as there are serious penalties and fines for those who fail to abide by state regulations.

What employees are covered under Workers’ Compensation in Florida?

Almost all workers are covered under Workers’ Compensation in Florida. If you provide work or services for an employer, and you are not an independent contractor, you will likely be eligible for Workers’ Compensation Insurance.

The following are categories of employees that are eligible for Workers’ Comp coverage:

The following are categories of employees that are generally excluded from Workers’ Comp coverage:

What Workers’ Compensation benefits do employees receive?

Under Workers’ Compensation in Florida, employers are required to provide the following benefits to employees who are injured in the course of employment:

Medical Benefits

Temporary Total Disability

Temporary Partial Disability

Permanent Impairment

Permanent Total Disability

Death Benefits

What are the penalties for breaking Florida Workers’ Compensation laws?

Failure to adhere to the Workers’ Compensation laws set out by the WCL can result in significant fines and even imprisonment. In order to avoid any costly penalties, it’s important to consult the WCL or your insurer to ensure you are in compliance. Below are the major ways in which companies can be penalized:

Failure to Maintain Coverage

Failure to Report

Failure to Pay Benefits


How much does Workers’ Compensation Insurance cost in Florida?

According to the National Academy of Social Insurance Workers’ Compensation Report (November 2020), the average employer cost for Workers’ Compensation in Florida was $1.30 per $100 of covered wages. This figure is estimated across all insurers and all industries, so the cost to your particular business may vary.

How does the Workers’ Compensation claims process work in Florida?

Employees should report any work-related injuries to their employer within 30 days of the injury occurring or within 30 days of a doctor determining that they are suffering from a work-related injury. Any delay in reporting may result in delays in the claims process or denial of the claim.

Employers must report incidents to their insurance carrier within seven days of it being reported. In the case of serious injuries or fatalities, the reporting period may be reduced to 24 hours. A claims adjuster will determine benefits due to the employee. 

In the case of disputed claims, employees and their attorneys are expected to try to resolve their grievances with their insurer. If they cannot reach an agreement, employers can file a petition with the Office of the Judges of Compensation Claims. Insurers must pay benefits within 14 days or contest the claim. If the insurer has paid the benefits, it may still dispute the claim within 120 days after it received the petition.

Florida Workers’ Compensation Insurance Resources

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