U.S. states are responsible for establishing workers’ compensation laws for businesses that operate within their jurisdictions. In Florida, there are separate requirements for businesses in construction, non-construction and agricultural trades, with the former being more restrictive. You should not assume that all construction businesses have workers comp coverage, however, since the Florida workers comp exemption allows certain employees to apply for an exemption.
Understanding Florida Workers Comp Requirements
Most businesses with four or more employees, members or officers that operate in the state of Florida are required to carry workers comp insurance, although there are slightly less restrictive provisions for agricultural businesses. Companies that are involved in construction must provide proof of coverage if they have one or more applicable employees. That includes corporate officers or LLC members.
How the Florida Workers Compensation Exemption Works
If a corporate officer or LLC member wishes to exclude themselves from workers comp coverage, they must file an application for exemption with the Division of Workers’ Compensation. An application does not guarantee an exemption will be granted. If it is granted, that person is no longer considered an employee and is not entitled to any potential benefits in the event of an accident or injury.
It is important that all businesses comply with applicable laws and requirements, including who should be included in workers’ comp coverage and who may apply for an exemption.