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Workers' Comp in Florida: What Small Employers Must Know

Our team — The Toomey Group Insurance 2 min read

A Ruskin contractor hired his first helper last spring and asked us whether he needed workers' comp. The answer — immediately, yes — surprised him. Florida's thresholds are stricter for construction than for any other industry, and the penalties for noncompliance include stop-work orders and personal liability.

Who must carry it

Construction industry: one employee, including yourself in many cases — coverage is required immediately. Non-construction: four or more employees, full- or part-time. Agricultural: six regular employees or twelve seasonal workers.

Corporate officers count as employees, though non-construction corporations can exempt up to three officers. Sole proprietors in construction are considered employees and cannot simply skip coverage.

What it costs and what drives the price

Premiums are based on payroll and classification codes — a roofer pays many times more per $100 of payroll than an office clerk. Misclassifying employees to save money is fraud and gets discovered at audit.

Your experience modifier — your claims history score — moves your premium up or down over time. A clean safety record is the most powerful long-term cost control you have.

The certificate trap for contractors

If you hire subcontractors, collect certificates of insurance for every one of them. An uninsured sub's injury can land on your policy — or directly on you.

Keep those certificates current and organized. At audit time, missing certificates turn into premium charges against your own payroll.

Frequently Asked Questions

When does a Florida business need workers' comp?
Construction: with one employee. Most other industries: with four or more employees, including part-time workers and corporate officers.
What happens if I operate without workers' comp?
The state can issue a stop-work order, fine you twice the premium you should have paid, and you become personally liable for any employee injury.
Can owners be excluded from workers' comp in Florida?
Non-construction corporations may exempt up to three officers. Construction exemptions are far more limited — most working owners must be covered.

Let's make sure your coverage matches your life

Our team is based in Ruskin and serves all of Florida. Send us a few details and we'll review your coverage or build a quote — no pressure.

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