Florida workers' compensation insurance: Your ultimate guide

Everything to know about workers’ compensation for

Florida

businesses

What does workers’ compensation cover?

A standard workers’ comp policy covers four primary areas: medical expenses, lost wages, employer liability and ongoing rehabilitation. EverPeak policies ensure your crew gets the care they need to return to work safely while protecting your business from the costs of workplace accidents.

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Medical care

Coverage for the necessary treatment resulting from a work-related injury or illness.

payments

Lost wages

Partial pay for employees unable to work while recovering from an injury.

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Legal protection

Financial support for your business if an employee files a lawsuit related to an accident.

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Ongoing care

Rehabilitation and training to support employees re-enter the workforce, and ongoing benefits for permanent injuries.

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Death benefits

Financial support for the families.

What are

Florida

's workers' comp laws?

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. 

What is workers' compensation?

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.

Florida workers' compensation laws, rules and requirements 

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: 

  • Employers with four or more employees
  • Construction companies with one or more employee 
  • Agricultural companies with six regular employees or 12 seasonal workers who work at least 30 days in a season but no more than 45 days a year 

Employees can verify online if their employer has coverage through the State’s online search tool. 

Who is covered and exempt from

Florida

workers' comp?

Who is covered?

Policies include protection for full-time and part-time workers, seasonal and temporary employees.

Exemptions from workers’ compensation in Florida may include, for example:

  • Construction companies with no employees (including yourself.)
  • Businesses in other industries with three or fewer employees
  • Agricultural companies with five or fewer regular employees or 11 or fewer seasonal workers

Covered injuries and illnesses

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.

Benefits provided

Florida workers’ comp insurance provides three types of benefits for work injuries:

  • Medical benefits
  • Lost wages and other monetary compensation
  • Funeral costs and death benefits

These benefits include:

  • Medical treatment for work-related accidents, injuries and/or illnesses 
  • Mileage reimbursement for travel to and from an authorized doctor
  • Temporary disability benefits 
  • Permanent disability benefits
  • Death benefits to dependents 

Benefits received rely on many factors, such as the employee’s: 

  • Average weekly wage before the injury 
  • Injury severity
  • Length of recovery and ability to continue working

Florida workers’ compensation rates

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.

How much does workers’ comp cost in

Florida

?

Pricing factor
How it’s evaluated
Industry trade classification:
The specific risk level of the day-to-day work a crew performs.
Annual payroll volume:
The total baseline gross payroll distributed to covered workers.
Historical workplace safety:
The total baseline gross payroll distributed to covered workers.
Historical workplace safety:
The history of on-the-job claims and safety incidents.
Specific physical operations:
The exact structural nature of the business environment.

How do you file a workers’ compensation claim in

Florida

?

Filing a workers' compensation claim

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.

Workers’ compensation claims process

Step 1: Employee reports the injury

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. 

Step 2: Employee receives medical treatment

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.

Step 3: Employer reports the injury

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.

Step 4: Workers’ compensation partner sends information to injured employee

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.

Step 5: Workers’ compensation partner accepts or denies claim

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.

How to get workers' compensation

Insurance requirements for employers

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.

Choosing the right insurance provider

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.

FAQs

What steps can I take to prevent a workers’ compensation claim?

Enforcing safety protocols, providing proper employee training, maintaining a clean and hazard-free work environment, and regularly reviewing safety practices can significantly reduce workplace injuries.

How much does workers’ compensation insurance cost?

Your premium is primarily determined by your industry payroll classifications, geographic location and total annual payroll. Your business’s safety history can also play a major role in determining your final rate. Three key factors influence your base insurance rate:

  • Industry classification codes: Higher-hazard trades naturally carry higher baseline rates.
  • Geographic location: Rates and statutory benefit structures fluctuate heavily by state lines.
  • Historical safety record: Maintaining an accident-free workplace lowers your Experience Modification Rate (E-mod), resulting in built-in premium discounts.

Learn more: How much does workers' compensation cost

Is workers’ compensation insurance required by law?

Most states require businesses with employees to carry workers’ compensation insurance to stay compliant. Requirements vary by location, but having coverage ensures your business is protected and your team has access to benefits if an injury occurs.

Learn more: Is workers’ comp required by law?

How do I verify an employer’s coverage?

Employees can verify online if their employer has coverage through the state’s online search tool.

How long do I have to report a work-related injury or illness?

Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensures the necessary steps are taken to initiate the workers' compensation claims process.

Do I need workers’ comp for independent contractors?

Whether you need coverage for contractors depends entirely on your state’s specific regulatory definitions and formal worker classification tests. Since misclassification regulations are highly complex and can lead to severe audits or stop-work orders, it’s vital to ensure your entire labor force is properly verified and protected based on the actual day-to-day work they do.

Learn more: Do independent contractors need workers’ compensation?

Can an employee sue their employer for a work-related injury or illness?

In most cases, employees in Virginia 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.

What are the penalties for non-compliance with workers' compensation laws in Virginia?

In Virginia, employers who fail to procure or sustain the appropriate workers' compensation coverage for their employees may face civil fines of up to $250 per day of non-compliance. Failure to adhere to this requirement can reach a maximum of $50,000 in fines.

What is workers' compensation?

Workers’ compensation is a form of insurance that benefits employers and employees in the case of a work-related injury or illness.

Why choose EverPeak for workers’ comp coverage?

EverPeak protects the hardest-working businesses in (state) with simple, reliable workers’ comp starting as low as $18 a month. Backed by over a century of specialized experience, customers get multi-state coverage, fast and easy claims support, and a vast network of brokers.

Florida

workers’ comp resources

Florida Workers’ Compensation Rates

Florida Workers’ Comp Employer FAQs

Florida Workers’ Comp Injured Worker FAQs

Division of Workers’ Compensation in Florida

Customer Care