Workers Comp Exemptions

Published On - June 10, 2021

Alex Dopazo

I'll answer your insurance questions!

What’s Workers Compensation, and Who’s Required to Have It?

Florida Statutes 440 answers these questions. To summarize, workers compensation is what a company must pay out to an injured employee unless that employee is exempt. Usually, companies pay this through workers compensation insurance.

The state government divides all businesses into two categories when discussing workers comp: construction and non-construction. The former must provide workers compensation if they have even one employee, whereas the latter aren’t required to provide it until they have four or more—including owners, officers, and members.

Why File for Workers Compensation Exemptions?

Just as your car insurance payments go up the more vehicles you have on your insurance, your workers comp insurance premiums are based on the total payroll of a business. In Florida, however, owners, officers, and members of an LLC can file for workers comp exemptions so their pay doesn’t count towards those premiums, or the employee count for the legal requirement.

How Do You File for a Workers Compensation Exemption?

In Florida, you can file for exemption online through this link.

To apply, you’ll need the following information:

Name and date of birth of the owner/officer/member filing for exemption
Their Social Security Number
Corporate information of the LLC

If your business is in the construction category, you’ll need to pay a filing fee. Once you’ve filled out the form, the State of Florida should send you a digital exemption card. The person in question is NOT exempt until they have this card. It’s also important to remember that the exemption is only good for two years (24 months) and must be renewed every two years.

FAQs

Is my business liable for an injury if we aren’t required to have workers comp? Your worker’s compensation requirement is totally separate from your liability.

Who’s exempt once we’ve filed for an exemption and received the exemption card? Only the individual named on the card. There’s no such thing as an umbrella exemption for the entire

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