Boring Insurance Agency

Florida does not require workers comp until you have four employees.

Benefits are set by Florida law, not chosen — the policy pays what the state schedule says. We set the coverage up and produce the certificate — usually the same day.

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What Florida requires

Florida requires workers compensation at four or more employees outside construction, counting corporate officers and LLC members who own at least 10 percent. Agriculture is six regular workers, or twelve seasonal (Fla. Stat. § 440.02(20)(b)2.).

flsenate.gov·checked 2026-10-04

Construction employers need coverage from the first employee, including owners who are officers or members, unless they hold a filed exemption.

flsenate.gov·checked 2026-10-04

In Florida construction, no more than three officers of a corporation or group of affiliated corporations may exempt themselves from coverage, and each must own at least 10 percent of the stock, under Fla. Stat. § 440.02(15)(b)2.

flsenate.gov·checked 2026-10-04

Workers compensation loss costs in Florida are filed by NCCI, which files the rate level itself in Florida, so identical payroll and class codes start from a different number than in a neighboring state.

floir.gov·checked 2026-10-04

An employer in Florida that no carrier will voluntarily write is covered through the Florida Workers’ Compensation Joint Underwriting Association, which covers applicants entitled to cover but unable to obtain it in the voluntary market.

leg.state.fl.us·checked 2026-10-04

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Your current policy paperwork, a renewal notice, or nothing at all. A licensed agent reads it and replies the same business day.


Limits

What to carry, and why that number.

Workers compensationStatutory
Employers liability$1M / $1M / $1M
The limit most contracts name, covering suits the comp benefit itself does not settle.

Coverage

Four lines. Each one closes a specific hole.

Medical benefits

Treatment for a work-related injury or illness, with no deductible and no cap in most states.

Without it — The employer pays the medical bills directly, and in most states also the penalty for not carrying coverage.

Wage replacement

A portion of lost earnings while an injured employee cannot work, set by a state formula.

Without it — The employee sues for lost wages, and the exclusive-remedy protection that normally blocks that suit does not apply.

Employer's liability

Defends the employer when an injury leads to a suit that workers comp benefits do not settle: a spouse’s claim, a third party seeking contribution.

Without it — A defense funded out of operating cash, on a claim the comp policy was supposed to absorb.

Assigned risk placement

Coverage through the state residual market when no voluntary carrier will quote: the plan of last resort every state is required to maintain.

Without it — No coverage, which in most states means no legal ability to employ anyone.


In Florida

The organizations that will ask for your certificate.

  • NCCI, which files the rate level itself in Florida · Files the loss costs premium is built from.

Questions

Do I need workers comp in Florida?

Four or more employees outside construction, counting corporate officers and LLC members who own at least 10 percent. Agriculture is six regular workers, or twelve seasonal. (Fla. Stat. § 440.02(20)(b)2.). Construction employers need coverage from the first employee, including owners who are officers or members, unless they hold a filed exemption.

Who sets workers comp rates in Florida?

Loss costs are filed by NCCI, which files the rate level itself in Florida. Carriers then apply their own multiplier, which is why two quotes on identical payroll can differ widely — and why shopping matters more in some states than others.

No carrier will quote us in Florida. What happens now?

You go to the Florida Workers’ Compensation Joint Underwriting Association, which covers applicants entitled to cover but unable to obtain it in the voluntary market. The submission needs Acord forms, current loss runs, a down payment and sometimes an inspection, and it generally will not proceed while any premium is still outstanding with another carrier. It is longer than a standard application, which is why most brokers decline the work rather than the risk — and why declined accounts often hear nothing at all instead of hearing no.

Why is my quote different in every state I operate in?

Because workers comp is priced off a state loss-cost filing, not a national rate. Most states take those filings from NCCI; California, New York, New Jersey, Pennsylvania, Michigan, Minnesota, Wisconsin, Massachusetts, North Carolina, Delaware and Indiana each run their own rating bureau. Same payroll, same class code, different starting number.

Every carrier has declined us. What now?

Every state maintains a residual market, an assigned risk plan or a state fund, that must take risks the voluntary market will not. The submissions are long and most brokers avoid them, which is why declined accounts often hear nothing rather than hearing no. We place them.

Our experience mod jumped. Is that permanent?

No. A mod is a three-year rolling calculation that drops the oldest year as it adds the newest, so a bad year ages out. What changes the trajectory is what happens between now and then: claim handling, return-to-work, and whether the reserves on open claims are still realistic. We have taken accounts out of the residual market this way.

Does my workers comp cover my subcontractors?

It can, and it should not have to. If a sub cannot produce their own certificate, most states let your carrier charge their payroll onto your policy at audit and put their injury claim on your record, rated at your class code, billed after the job has closed, and sitting in your experience modifier for three years afterwards.

What to check on a sub’s certificate

Does workers comp cover my 1099 contractors?

It covers whoever the state says is your employee. The tax form is not the test. A worker you direct, doing the work your business sells, is an employee whatever you call them. If they are hurt your policy responds, and your audit bills for them. A genuinely independent contractor is not covered and needs a policy of their own, which is why the certificate matters.

Workers comp and 1099 contractors, in full

Can an employee still sue us if we carry workers comp?

Over the injury, generally not. Benefits are the exclusive remedy, and the employers liability part of the policy answers the narrow exceptions. Over a firing, a discrimination complaint or harassment, yes. Workers comp has nothing to say about those. They are employment practices claims and need their own policy.

Which employee lawsuits workers comp answers

What is an audit and why did it produce a bill?

Workers comp premium is an estimate based on projected payroll, trued up after the policy year. If payroll ran higher than projected, or uninsured subs appeared, or employees were classified into cheaper codes than the work they actually did, the difference arrives as an audit bill.

Do I need workers comp for my truck drivers?

If they are employees, yes, in every state where you have payroll, and the driver class code is one of the most expensive on the manual. The hard case is the leased owner-operator, who is a contractor for tax and often an employee for comp, depending on the state and on what the lease says. Occupational accident covers the ones who genuinely sit outside the system, and it is not a substitute for the ones who do not.

Workers comp for truck drivers


Read next

The coverage itself, explained.

Florida decides what you must carry. These explain what you are buying, what it excludes, and what moves the price.

Nearby states

All states we write workers compensation in


Tell us what you do. We’ll tell you what it costs.

Licensed in Florida. Have your payroll figures and a list of services on hand — those are the two things that slow a quote down.

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Last reviewed 2026-10-04

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