SBA’s Office of Advocacyย Small Business Profile Report 2022 states that there are a total of 3 million small businesses in Florida. That makes for 99.8% of all businesses present in the state. The report also states that the unemployment rate is lower than it has been in a long time.

As businesses grow and the number of employees increases, employers must look out for the welfare of their employees. One way to do thatโwhich is also mandatory, in many cases in Floridaโis through workerโs compensation insurance. This article will address a question that is possibly on many small business ownersโ minds: do businesses need workersโ compensation insurance in Florida? Letโs find out!
Which Businesses Need Workersโ Compensation Insurance in Florida?
Businesses of all kinds are succeeding in Florida. Construction, real estate, health care services, and food services are industries that are driving growth in Florida. Regardless of which industry your business belongs to, Florida has specific requirements for workersโ compensation insurance.
All Construction Businesses in Florida Require Workersโ Comp
If you have a construction business in Florida, you will have to acquire workersโ compensation insurance for your employees. This rule is mandatory, even if you have just one employee.
Workersโ Comp Requirements for Businesses in the Agriculture Industry
Businesses in the agriculture sector must also acquire workersโ compensation insurance for their employees in the following cases:
- The company has six regular employees
- The company has six regular employees and twelve seasonal employees. These employees must work for over thirty days during a particular season. However, they must not work for more than forty-five days in total during a calendar year
Workersโ Comp is Mandatory for Non-Construction Businesses That Have Four Employees
All non-construction businesses in Florida must have workersโ compensation insurance if they have four or more employees. Employers for out-of-state employees, i.e., employers from outside of Florida who have employees working primarily in this state, must also provide workersโ compensation insurance to their employees. If the employees have insurance coverage, workersโ comp is not mandatory.
What Does Workersโ Compensation Insurance Cover?
Workersโ compensation insurance protects your company and its employees. If any of your employees get injured at work or are ill, this type of insurance will cover their medical bills. It will also cover some of their lost income if theyโre unable to work because of the injury.
If the injured employee sues your company, workersโ comp insurance will pay off the legal expenses you incur during the process. These expenses include attorney fees, settlements, and so on.
So, workersโ comp insurance covers:
- Medical expenses for employees that get injured while at work
- Lost income for your physically injured employees
While workerโs compensation is mandatory in most cases in Florida, itโs still a good idea to acquire it if your business does not require it, as it can save your company quite a bit of money if an accident occurs.
Do Sole Traders Need to Get Workersโ Compensation Insurance in Florida?
Whether sole traders need workersโ compensation insurance in Florida will depend on the nature of the business. As discussed above, all workers in the construction industry, sole proprietors included, need to have workersโ comp.
If youโre a sole trader whoโs not in the construction business, youโre exempt from workersโ compensation insurance. However, you can apply for it by filing a Notice of Election of Coverage. This way, you can elect to be defined as an employee. To apply for an election, you must have the following requirements.
- You must NOT be in the construction industry
- You must be a sole trader (proprietor) or have a registered partnership with the Florida Division of Corporations
Workersโ compensation can help you save money if thereโs an accident during work. So, applying for an election is in your best interest.
How is the Insurance Premium Decided for Workersโ Compensation Insurance in Florida?
Many factors contribute to the premiums for workersโ comp in Florida. Some of these factors include:
- The payroll for the company
- The work that the employees perform
- The employerโs history of claims
Therefore, the cost of this type of insurance for employers is never the same. If youโre a business owner, you can acquire workersโ compensation insurance in Florida from an insurance agency.
Getting a Free Workerโs Compensation Insurance Quote
For those of you who are business owners in Florida and are looking for workersโ compensation insurance, you can get free quotes from Bizinsure. We are an insurance agency that helps you find the insurance you need.

