Does Florida Require Workers’ Compensation Insurance?
Is Florida a No-Fault State? All You Need to Know
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Does Florida require workers’ compensation insurance?
The short answer is yes, but the complete answer depends on your industry, the number of employees your employer has, and whether you are considered an employee under Florida law.
If you are an injured worker in Lakeland or anywhere in Central Florida, it is important to know whether your employer was legally required to have this coverage after a workplace injury.
If your employer was supposed to have this insurance but did not, you may have important legal options beyond a regular workers’ compensation claim.
Here is what you need to know.
Florida’s Workers’ Compensation Requirements by Industry
Florida’s workers’ compensation requirements vary by business type, and mistakes can have serious consequences for injured workers.
1. Construction Industry
Construction businesses in Florida must have workers’ compensation insurance if they have at least one employee.
This includes part-time, seasonal, or subcontracted workers. Subcontractors also need valid coverage before they begin work.
Construction is the most strictly regulated industry in Florida for workers’ compensation. Construction workers often face dangerous conditions, such as falls, equipment failures, and structural collapses, which are leading causes of serious injuries at work
2. Non-Construction Businesses
Non-construction businesses in Florida are required to carry workers’ compensation coverage once they have four or more employees, full-time or part-time.
This rule surprises many injured workers. Even a small business with only four employees must have coverage. If they do not, they are breaking Florida law.
3. Agricultural Businesses
Agricultural businesses must have coverage if they have six or more regular employees, or if they employ enough seasonal workers who work more than a set number of days.
4. Out-of-State Employers
Out-of-state employers working in Florida must get a Florida-approved policy or an endorsement that lists Florida.
If you are injured while working for an out-of-state employer at a Florida job site, you are still protected by Florida workers’ compensation law.
What Workers’ Compensation Covers in Florida
Florida’s workers’ compensation is a no-fault system. It pays for medical expenses, part of your lost wages, and possibly permanent impairment benefits if you are hurt at work, no matter who was at fault.
Specifically, Florida workers’ compensation benefits include:
- Medical expenses: all approved treatment related to your workplace injury
- Wage replacement: usually about two-thirds of your average weekly pay while you cannot work
- Permanent impairment benefits: if your injury causes a lasting disability
- Death benefits: if an employee dies from a work-related injury or illness, their family may receive death benefits
Critical Deadlines Every Florida Worker Must Know
| Deadline | Who Is Responsible | What Happens If You Miss It |
|---|---|---|
| Report injury to the employer within 30 days | The injured employee must notify their employer as soon as possible after the workplace accident. | You could lose your right to file a workers’ compensation claim entirely, even if the injury is serious and clearly work-related. |
| Employer reports to the insurance carrier within 7 days | Once notified of an injury, the employer must report it to their insurance carrier within seven days. | Delays in reporting can slow down the claims process and affect the benefits available to the injured worker. |
| File workers’ compensation claim within 2 years | The injured worker must formally submit their workers’ compensation claim within two years of the injury date. | Missing this statute of limitations means permanently losing your right to workers’ compensation benefits in Florida. |
| Seek treatment from an authorized doctor immediately | Florida law requires injured workers to receive treatment from a doctor approved by the employer or their insurance carrier. | Treatment from an unauthorized provider may not be covered — and could be used to challenge the validity of your claim. |
What If Your Employer Doesn’t Have Required Coverage?
This is one of the most important questions an injured Florida worker can ask. Employers who do not carry required workers’ compensation insurance can face penalties and personal injury lawsuits.
If your employer was supposed to have this insurance but did not, you may be able to file a direct lawsuit against them.
Workers’ compensation benefits are limited on purpose. A personal injury lawsuit against an uninsured employer is not limited in the same way, and it can lead to much greater compensation for workers with serious injuries.
When Workers’ Comp Is Not Your Only Option
If a third party, like a careless contractor, a company that made faulty equipment, or a property owner, played a part in your injury, you may be able to file a separate personal injury claim along with your workers’ comp benefits.
A third-party claim can help you recover money for pain and suffering and full wage replacement, which workers’ comp does not cover by itself.
An experienced workers’ compensation attorney will look at your case from every angle, not just the usual workers’ comp route, to find all the compensation you deserve.
How Lopez & Humphries Can Help
So, does Florida require workers’ compensation insurance? Does your employer actually have it? Every injured Florida worker deserves clear answers to these questions.
At Lopez & Humphries, P.A., our attorneys have helped injured workers in Lakeland, Sebring, Bartow, and Central Florida with both workers’ compensation claims and personal injury lawsuits after workplace accidents.
We have recovered over $113 million for our clients. We work on a contingency fee basis, so you pay no fees unless we win.Contact us today at (863) 243-6744 for a free consultation.
Frequently Asked Questions
1. How many employees does a Florida employer need before workers’ comp is required?
For non-construction businesses, coverage is required once there are four or more employees, full-time or part-time. For construction businesses, coverage is required with even one employee. Agricultural businesses must cover six or more regular employees or a qualifying number of seasonal workers.
2. What should I do if my employer doesn’t have workers’ compensation insurance in Florida?
Contact a personal injury attorney immediately. If your employer was legally required to carry workers' comp and didn't, you may have the right to file a direct lawsuit against them, one that can recover far more than standard workers' comp benefits provide, including compensation for pain and suffering.
How long do I have to file a workers’ compensation claim in Florida?
You must report your injury to your employer within 30 days of the accident. Your workers' compensation claim must be filed within two years of the injury. Both deadlines are strict; missing either one can seriously damage your ability to recover benefits.
Can I receive workers’ compensation benefits if the workplace accident was partly my fault?
Yes. Florida's workers' compensation system is a no-fault system, meaning you can receive benefits regardless of who caused the accident, including if you were partially responsible. However, there are limited exceptions, such as injuries caused by intoxication or intentional self-harm. An experienced workers' compensation attorney can evaluate your specific situation and ensure your benefits are protected.
