Coverage Requirements & Proof of Coverage
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Coverage Requirements For Employers
Chapter 440, F.S., establishes workers' compensation coverage
requirements for employers.
- 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, members of a limited liability company (LLC) who owns at least 10% of the business, and corporate officers are considered
employees. Corporate officers, and members of an LLC who own at least 10% of the business, 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.
- 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 and members of an LLC who own at least 10% of the business 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. The Notice of Election of Coverage,
form DWC 251, must be submitted to the Division. Once approved the
individual is considered an employee until a Revocation of Election of Coverage,
form DWC 251-R is filed with, and accepted by the Division.
- Agricultural Industry: Agricultural employers
with six or more regular employees and/or 12 or more seasonal
employees, who work for more than 30 days, must obtain workers'
compensation coverage for those employees.
- Out-of-State Employers: Any construction
industry employer having one or more part- or full-time employees
performing work in Florida is required to obtain a Florida policy
through a Florida-licensed insurance company. The company must use
the Florida job classification codes, approved manual insurance
premium rates, rules, and manuals prior to beginning work in
Florida. If the construction industry employer has an out-of-state
policy, the insurance company must be licensed in Florida, and
Florida must be listed in Section 3A of the policy. A Non-construction industry employer is required to obtain a Florida policy through a Florida-licensed insurance company once it has 4 or more employees working in Florida.
- Extraterritorial Reciprocity: Out-of-state employers whose home jurisdiction has in its statute an "extraterritorial reciprocity" clause allowing temporary employees from another jurisdiction (including Florida) to work under the "home state's" workers' compensation policy is permitted to work in Florida using the workers' compensation policy from their "home state", as long as the work is temporary in nature. Temporary is defined as no more than 10 consecutive days with a maximum of 25 total days in a calendar year. For a current list of the jurisdiction who have an extraterritorial reciprocity statute you may visit www.cbs.state.or.us/external/wcd/compliance/ecu/etsummary.html.
How To Obtain Coverage
- Workers' Compensation Policy: Contact a
Florida-licensed insurance agent. To verify licensure, log on to www.myfloridacfo.com or call 1-877-MY-FL-CFO (1-877-693-5236).
You can also contact the following insurance agent associations:
If the employer is unable to obtain coverage through the private
insurance market, their insurance agent may contact the Florida Workers' Compensation Joint Underwriting Association (FWCJUA)
at (941) 378-7400.
- Professional Employer Organization or Employee Leasing
Company: If an employer, referred to as the "client company," enters into an employee leasing
agreement with a licensed employee leasing company, the agreement
provides workers' compensation coverage only for
employees listed with the employee leasing company. The client
company is responsible for workers' compensation coverage for all
non-leased employees. The payroll for all leased employees must be
paid through the leasing company. Any changes in job duties or
status of an employee must be reported to the leasing company
- Individual Self Insurers: Pursuant to Chapter 440.38, F.S., an employer may become individually self insured
and secure the payment of workers' compensation by providing proof
of financial strength necessary to ensure timely payments of current
and future claims. The Division authorizes and regulates individual
- Commercial Self-Insurance Funds: Pursuant to
Chapter 624.462, F.S., a group of persons may form a commercial
self-insurance fund for purposes of pooling and spreading
liabilities for any commercial and/or casualty insurance. The Office of Insurance Regulation authorizes and regulates
commercial self-insurance funds.
- Insurers licensed
to do business in the State of Florida - This Database provides
information regarding insurers that are licensed to write insurance
in the state of Florida. The Database is maintained by The Office of Insurance Regulation.
- Proof of Coverage Database -This Database provides information
regarding workers' compensation coverage and exemptions from
- Construction Policy
Tracking Database - The Construction Policy Tracking Database
provides information to contractors regarding the coverage status of
the contactors they use.
Compensation Policy Search - This Search will produce a downloadable list of Employers in the
State of Florida whose workers' compensation Insurance policies are
either due to expire within the month and year selected or become
effective within the month and year selected.
- Compliance Stop-Work Order Database - Allows the user to view information on employers who have received a Stop-Work Order based upon a determination that the employer has failed to secure the payment of workers’ compensation. The database includes the following information for each Stop-Work Order: the employer’s name, the date of the Stop-Work Order, the non-compliance violation, and the release date of the Stop-Work Order.
- Report Suspected Non-Compliance - Report an employer that is
suspected to be in violation of workers' compensation coverage
Notice Posting Requirement
The "Broken Arm Poster" and the "Anti-Fraud Notice" should be
posted in a conspicuous place and should identify the name of the
insurance company providing coverage and where to call to report an
accident or injury. The employer should contact the insurance
company to obtain the poster and the notice.