Who Needs to Have Worker’s Compensation Coverage in the State of Florida

An employer in the non-construction industry, who employs four or more employees, must obtain workers’ compensation coverage. Furthermore, officers of a corporation are considered employees, unless they elect to exempt themselves from the coverage requirements. Pursuant to the Florida Statutes a “Corporate Officer” is any person who “fills an office provided for in the corporate charter or articles of incorporation filed with the Division of Corporations of the Department of State or as permitted or required by chapter 607.”

However, in the construction industry anyone who employs one or more employees must obtain workers’ compensation coverage. In addition, sole proprietors, partners, and corporate officers are considered employees. If the contractor sub-contracts all or part of the work, he/she must obtain proof of workers’ compensation coverage or a Certificate of Election to be Exempt from all sub-contractors, prior to the 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.

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