Insurance
Florida workers’ comp for construction, and who can be exempt
Key takeaways
- In Florida construction, the official Division of Workers’ Compensation page says coverage is required for one or more employees, including corporate officers and LLC members.
- Outside construction, the same official page uses a four or more employee test, counting officers and members. Agriculture has a separate test.
- Non-construction sole proprietors and partners are not employees unless they elect coverage on form DWC-251. Owner exemptions are available for owners who meet the Division’s rules.
- Contractors must verify subcontractor coverage, or those workers become the contractor’s employees. A 1099 form does not, by itself, settle that question.
On this page
Florida is one of the states where a general employee-count rule is not the whole story for a trade shop. The official source for the thresholds on this page is the Florida Department of Financial Services, Division of Workers’ Compensation, Coverage Requirements, reviewed November 13, 2026. This is a summary of that page, not a determination of your status.
Construction: the first employee, including owners who are officers or members
For construction, Florida requires coverage when there is one or more employees, and the official page includes corporate officers and LLC members in that count. If you are a construction company organized as a corporation or LLC, you may already have a “first employee” for this test even before you hire a helper. Confirm the current construction definition and any exemption process on the Division page; this website does not decide whether a particular job is construction.
Non-construction and agriculture
For non-construction, coverage is required at four or more employees, including officers and members. Agriculture has a separate six-regular-employee and/or twelve-seasonal-worker test, with day-count rules on the official page. Do not copy a four-employee rule onto a construction crew.
Owner exemptions and elections
The official coverage page states that sole proprietors and partners in non-construction are not employees unless they elect coverage on form DWC-251. Owner exemptions are available for owners who meet the Division’s rules. An exemption, where allowed, applies to the person who qualifies — not automatically to a helper you put on the job. A general contractor or property manager may still ask for a certificate of insurance as a contract term, even when a statute allows an exemption. That is a contract question, not something this page can waive.
Subcontractors
Florida’s official coverage page says contractors must verify subcontractor coverage or those workers become the contractor’s employees. Paying a sub on a 1099 does not, by itself, move that risk off your policy. See also this site’s W-2 vs 1099 cost page. We do not classify a worker or a job here.
Frequently asked questions
Do I need Florida workers' comp for one construction worker?
The official Florida DFS coverage page requires construction employers to cover one or more employees, including corporate officers and LLC members. Confirm your facts with the Division. This is not a legal determination.
Can a Florida owner exempt themselves?
Owner exemptions are described on the official coverage page, and non-construction sole proprietors and partners are not employees unless they elect coverage on form DWC-251. An exemption does not automatically cover employees or subcontractors.
What if my subcontractor has no coverage?
The official page says contractors must verify subcontractor coverage or those workers become the contractor's employees. Ask the Division or a licensed agent how that applies to a specific job.
This page summarizes official agency pages retrieved or reviewed on November 13, 2026. It is not legal, tax, or insurance advice, not a quote, and not a recommendation of a specific insurer. Confirm current rules with the linked agency, and with counsel or a licensed agent when you need a determination on your facts.
If you need payroll set up for a first W-2 hire, you can Run payroll with Gusto. Gusto is a payroll service, not the insurer, and this is not a guarantee of a policy, a rate, or savings. In Ohio and North Dakota, do not use a private workers’ compensation policy — start with the official state fund (Ohio BWC or North Dakota WSI). Washington and Wyoming also use official state funds; see the state-fund guide.
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When you want a private-market workers’ compensation quote in a state where private policies are sold, you can start with this partner form. We do not recommend a specific insurer, and we do not quote or bind coverage. This option is not a path in Ohio or North Dakota.
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To get a quote in a private-market state, talk to a licensed agent or a carrier authorized where the work is done. In Ohio, North Dakota, Washington, or Wyoming, start with the official state fund instead of a private policy.