Workers’ Compensation Filing and Exemption in Florida

Owning a business in Florida comes with responsibilities beyond registering your company. One of the most important obligations for employers is Workers’ Compensation coverage. At ProLegal Support, we help business owners determine when coverage is required, when exemptions apply, and how to stay on top of every filing deadline year after year.

What is Workers’ Compensation?

Workers’ Compensation is a state-regulated insurance system that covers medical costs and partial wages if an employee gets injured or becomes ill on the job. In return, employees usually give up their right to sue the employer directly.

Florida’s Division of Workers’ Compensation enforces strict compliance. Businesses that fail to carry coverage when required face severe consequences: stop-work orders, large fines, and exposure to lawsuits.

Who Must Carry Workers’ Compensation in Florida?

  • Construction industry: Required from the very first employee.
  • Non-construction industry: Required with four or more employees.
  • Agriculture: Required with six or more regular employees, or 12 or more seasonal workers.

If your business meets these thresholds, you must carry coverage.

Can You Avoid Paying Workers’ Compensation Premiums?

In some cases, yes. Florida law allows certain business owners to legally file for an exemption from Workers’ Compensation coverage. This means you are not required to pay for coverage for yourself as an owner, though employees still must be covered if you meet the thresholds.

Who can file for an exemption?

  • Construction industry: Up to three corporate officers or LLC members may exempt themselves, as long as each owns at least 10% of the company.
  • Non-construction businesses: Corporate officers and LLC members can file exemptions without a minimum ownership percentage.
  • Sole proprietors and partners: Not automatically covered, but can choose to remain exempt instead of purchasing coverage.

Filing for an exemption can save thousands of dollars each year, but it is only valid if properly registered and renewed.

The Importance of Filing and Renewing Exemptions:

Exemptions are not permanent. In Florida, exemptions must be renewed every two years. If you fail to renew on time:

  • You may automatically lose exempt status.
  • The state could require you to purchase coverage immediately.
  • You risk penalties for operating without valid compliance records.

That’s why staying on top of renewals is critical for every business owner.

Filing Timelines and Compliance Deadlines

  • Workers’ Compensation Policy Filing: Must be active as soon as your business reaches the employee threshold. Waiting until after an incident exposes your business to penalties.
  • Exemption Filing: Can be filed at any time but must be renewed every two years. It’s the owner’s responsibility to track the expiration date.
  • Annual Reviews: Even if your exemption remains valid, it’s best practice to review employee counts and compliance at least once a year.

Working Side-by-Side With Licensed Insurance Agents

When coverage is required, choosing the right Workers’ Compensation policy can be overwhelming. That’s why ProLegal Support works in partnership with licensed insurance agents to help you:

  • Compare policy options from different carriers.
  • Select coverage that meets Florida’s legal requirements and fits your budget.
  • Align your filings and insurance policy so compliance is seamless.

This collaboration means you get the best of both worlds — ProLegal handles the filings, deadlines, and exemptions, while licensed insurance professionals secure the most competitive coverage available.

How ProLegal Support Keeps You on Track

Most business owners don’t have the time to monitor every compliance deadline. At ProLegal Support, we:

  • Evaluate your eligibility: Determine if you must carry coverage or if you qualify for an exemption.
  • File exemptions on your behalf: Prepare and submit your application with the Florida Division of Workers’ Compensation.
  • Track renewals: Maintain a compliance calendar so you never miss the two-year exemption deadline.
  • Monitor employee changes: Alert you if hiring changes your obligations and triggers the need for coverage.
  • Coordinate with licensed insurance agents: Ensure you are matched with the right Workers’ Compensation policy when coverage is required.

By delegating this process to ProLegal Support, you avoid costly mistakes and can focus on running your business.

Important note: ProLegal Support is not a law firm. Our service is limited to the preparation and administrative support of documents.