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Workers Compensation was designed to protect Employers from having to pay large lawsuits when employees are injured on the job. The Florida Workers Compensation laws are clear and listed below if you would like to take a look.

The way it works and an easy way to remember it is if you ARE in the construction industry than you MAY exempt yourself and no one else. Which means if you hire one employee you MUST carry workers compensation? YES! Corporate officers, sole proprietors and partners are considered employees in the construction industry. However did you know that if you are a GC (General Contractor) in Florida and you hire a subcontractor to conduct a job that subcontractor and his employees that are NOT exempt to the Workers Compensation law fall on your Workers Compensation coverage or lack thereof. Basically if you are a one man show you are ok, however as soon as you hire any employee whether it be a subcontractor, or a full or part-time employee you must obtain Workers Compensation insurance in Florida.

Now let’s spin it if you are NOT in the construction industry then you are allowed to exempt up to three officers. Corporate officers are considered employees however sole proprietors and partners are not in the NON-construction industry unless they elect too be employees.

 Department of Financial Services:

  1. Construction Industry: An employer in the construction industry who employs one or more part or full-time employees must obtain workers’ compensation coverage. Sole proprietors, partners, and corporate officers are considered employees. In the construction industry only, members of a limited liability company are considered corporate officers. Corporate officers may elect to exempt themselves from the coverage requirements of Chapter 440, F.S.
    A construction industry contractor, who sub-contracts all or part of their work, must obtain proof of workers’ compensation coverage or a Certificate of Election to be Exempt from all sub-contractors, prior to work being done. If the sub-contractor is not covered or exempt, for purposes of workers’ compensation coverage, the sub-contractor’s employees shall become the employees of the contractor. The contractor will be responsible to pay any workers’ compensation benefits to the sub-contractor and its employees.
  2. Non-Construction Industry: An employer in the non-construction industry, who employs four or more part or full-time employees, must obtain workers’ compensation coverage. Corporate officers are considered employees, unless they elect to exempt themselves from the coverage requirements of Chapter 440, F.S. Sole proprietors and partners in the non-construction industry are not considered to be employees unless they elect to be employees.

When you purchase Workers Compensation in Florida make sure you get the appropriate discounts that apply to your policy. If you are not getting one or all of these call us now to find out how.

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