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Are All Florida Employers Required To Carry Workers Compensation Coverage?

The short answer is “Yes” – as long as an employer has 4 or more employees, the employer is required by the State of Florida to carry workers compensation coverage.  However, some companies are required to carry workers compensation coverage in Florida even if they don’t have four or more employees.

The next time you interview for a new job, apart from requesting a fair wage and other benefits, you should always make sure that the employer has workers’ compensation insurance.   Employers in Florida are required to post a sign at the work place informing employees of the name and contact information of the workers compensation insurance company, and what to do if you are injured at work.  Accidents happen far too often to ignore this issue.  These “signs” are usually in the form of a poster given to the employer by its workers compensation insurance company.  Beware of any employer that does not have one of these signs posted.

Here’s a quick review of common job settings where workers’ compensation coverage must be provided.

Florida Employers Who Must Offer Workers’ Compensation Coverage

  • Agricultural positions. When employers have “four or more regular employees and/or 12 or more seasonal employees, who work for more than 30 days, [they] must . . .”  offer this benefit to employees;
  • Construction jobs. Anyone in this industry who hires “one or more part- or full-time employees must offer workers’ compensation to them.  Construction industry contractors who subcontract all or part of their work must also obtain proof of workers’ compensation insurance or a Certificate of Election to be exempt from all sub-contractors, prior to work being done.”

Obviously, problems can develop when a subcontractor isn’t covered or exempt. When this happens, the subcontractor’s employees shall become the employees of the contractor.  The employee may then seek workers compensation benefits through the general contractor.

Florida state and local government jobs. All of these employers are legally required to offer workers’ compensation coverage;

  • Other positions outside of agricultural, government or construction work. An employer in one of these other areas must offer workers’ compensation when “four or more part-time or full-time workers have been hired;”
  • Out-of-state employers. Basically, “any construction industry employer having one or more part- or full-time employees performing work in Florida is required to obtain a Florida policy through a Florida-licensed insurance company. Furthermore, if the construction industry employer has an out-of-state policy, the insurance company must be licensed in Florida.

Be sure to talk with a South Florida workers’ compensation attorney about any of your insurance coverage questions. After all, employers can make mistakes about properly protecting their workers.

If you’ve suffered a serious worker’s compensation injury, contact the Maus Law Firm to learn more about your rights.  The Maus Law Firm has offices in Fort Lauderdale, Pompano Beach and the Florida Keys, and handles accident and injury claims throughout Miami-Dade, Monroe, Collier, Lee, Broward and Palm Beach counties.  You’ll need the help of an experienced South Florida worker’s compensation attorney on your side. Call Toll Free today at: (855) 999-LAWS, or locally at (954) 784-6310.