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Florida — known as the Sunshine State — is rich in history and natural beauty, from the vibrant city of Miami to the breathtaking beauty of Key West. The state boasts a thriving business scene with abundant opportunities for entrepreneurs and business owners.
Whether you're an entrepreneur in the heart of St. Petersburg or a small beach-side business owner, safeguarding your business and employees with workers’ compensation insurance is crucial.
Workers' compensation is a state-mandated insurance program for employers with four or more employees. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.
Without workers’ compensation, the cost of a work-related injured or ill employee’s medical treatment could become the responsibility of your business.
The Division of Workers’ Compensation in Florida oversees workers’ compensation laws in Florida.
The law requires the following to be covered by an active workers’ compensation insurance policy:
Employees can verify online if their employer has coverage through the State’s online search tool.
Policies include protection for full-time and part-time workers, seasonal and temporary employees.
Exemptions from workers’ compensation in Florida may include, for example:
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions.
Florida workers’ comp insurance provides three types of benefits for work injuries:
These benefits include:
Benefits received rely on many factors, such as the employee’s:
In Florida, the weekly compensation rate is 66 ⅔% of a person’s average weekly wage. The maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2024 is $1,260.
Find more information on annual Florida’s workers’ compensation rates here.
In the event of a work-related injury or illness, employees must promptly notify their employer and seek medical attention.
In Florida, you should file your claim as soon as possible but no later than 30 days or your claim may be denied.
The injury must be reported to their employer within 30 days of knowing they suffered a job-related injury. Benefits can be denied if the injury is not reported.
The employee visits a healthcare provider authorized by the employer and their workers' compensation partner. However, in the case of an emergency, the employee should promptly seek treatment at the nearest hospital or clinic.
The employer notifies their workers' compensation partner within seven days after the injury is reported. This is referred to as the First Report of Injury or Illness (FROI), or accident report.
A packet is typically sent within three days after the partner receives the FROI. The packet should contain a copy of the accident report and information about the employee’s rights.
If the workers' comp partner denies a claim, workers' comp benefits will not be paid. If a workers' comp claim is accepted by the partner, workers' comp benefits may be paid, such as medical and temporary benefits.
Generally, employers in Florida with four or more employees must carry workers' compensation insurance or qualify for self-insurance, depending on their size and industry. Compliance with these requirements is essential to protect both the employer and employees.
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
In Florida, employers who fail to procure or sustain the appropriate workers' compensation coverage for their employees may face serious penalties.
In most cases, the state will issue a Stop-Work Order, requiring that the business cease all operations until it complies with the law and pays a penalty.
The penalty is equal to two times the amount the employer would have paid in manual premium within the preceding two-year period.
A Stop-Work Order may also be issued if an employer:
In most cases, employees in Florida are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
Generally, independent contractors aren’t covered by workers' compensation insurance in Florida. Workers' compensation laws typically apply to employees rather than independent contractors.
However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If you’re unsure about your classification, we recommend seeking legal guidance.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.
Employees can verify online if their employer has coverage through the state’s online search tool.