Overview:
Florida’s Workers’ Compensation system provides medical and wage benefits to employees who are injured on the job or develop a work-related illness. As an employer in Florida, it is your legal obligation to secure appropriate coverage, report injuries, and maintain compliance with state regulations. The Florida Division of Workers’ Compensation, under the Department of Financial Services (DFS), oversees and enforces workers’ comp laws.
Who Needs to Carry Workers’ Compensation Insurance?
- Construction Industry: Required if you have 1 or more employees, including the business owner.
- Non-Construction Industry: Required if you have 4 or more employees, whether full-time or part-time.
Agricultural Industry: Required if you have 6 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 calendar year.
- Out-of-State Employers: Must provide Florida-compliant coverage for any employees working in Florida.
Employer Responsibilities
- Secure Coverage: Obtain workers’ compensation insurance through a licensed carrier or become self-insured (with state approval).
- Display Notices: Post the "Workers’ Compensation Notice" (Form DWC-250) in a prominent location at your workplace.
- Report Injuries Promptly: Notify your insurance carrier within 7 days of knowledge of a workplace injury or illness.
- Maintain Records: Keep accurate payroll and injury records for all employees.
- Cooperate with Insurer & DWC: Provide timely information to your insurer and state regulators as required.
- Prohibit Retaliation: You may not discipline, fire, or otherwise retaliate against employees for filing a legitimate workers’ compensation claim.
Penalties for Non-Compliance
- Stop-Work Order: The state may shut down your business until coverage is obtained and penalties are paid.
- Monetary Fines: Employers may be assessed a penalty equal to 1.5 times the premium avoided for the past 2 years.
- Criminal Charges: Fraud, intentional misclassification of employees, or underreporting payroll can lead to criminal prosecution.
Key Resources
Need Help?
If you're unsure about your coverage requirements or need assistance complying with Florida law, consult us or contact the Division of Workers’ Compensation: