What is workers compensation insurance?
Workers compensation (workers comp, WC) is a state-mandated coverage that pays medical bills, lost wages, disability benefits, and death benefits to employees injured on the job, regardless of who's at fault. In exchange for these no-fault benefits, employees generally give up the right to sue the employer for the injury (this is called the "workers comp bargain"). The policy also includes Part B employer's liability coverage that protects against certain lawsuits that fall outside the workers comp system.
Is workers compensation required in Florida?
Yes for most businesses with employees. Florida requires workers comp for non-construction businesses with four or more employees (full-time or part-time combined), construction businesses with one or more employees, and agricultural businesses with six or more regular employees or twelve or more seasonal employees who work more than 30 days. Sole proprietors and partners can elect to be covered or to be excluded. Construction industry sole proprietors must either carry coverage or file an exemption.
Is workers compensation required in Georgia?
Yes for most businesses. Georgia requires workers comp for businesses with three or more employees, with limited exceptions. Sole proprietors, partners, and certain corporate officers can elect not to be covered themselves, but coverage is still required for employees. Failure to carry required coverage in Georgia can result in significant fines, civil penalties, and personal exposure for the business owner in injury lawsuits.
What does workers comp cover?
Standard workers comp covers medical bills related to the work injury (typically unlimited within the state fee schedule), a portion of lost wages while the employee can't work (typically 66.67% of average weekly wage, subject to state maximums), permanent partial disability benefits if the injury results in lasting impairment, permanent total disability benefits for severe injuries, and death benefits to dependents if the injury is fatal. The policy also includes Part B employer's liability coverage for lawsuits outside the workers comp system.
What's employer's liability (Part B)?
Part B of a workers comp policy is employer's liability coverage. It responds to lawsuits brought by injured employees that fall outside the workers comp system, including third-party-over claims (where a third party sued by the employee in turn sues the employer), consequential bodily injury claims by family members, and certain dual-capacity claims. Standard Part B limits are $100,000 per accident / $500,000 per disease policy / $100,000 per disease per employee, with higher limits available.
How is workers comp premium calculated?
Workers comp premium is calculated using class code rates × payroll per $100 × experience modification factor. The class code reflects what the business does (clerical, retail, light manufacturing, construction trades all have different class codes and rates). Payroll is the wages subject to workers comp (with executive officer minimum and maximum payrolls in some states). Experience modification factor (e-mod) is a credit or debit based on the business's claims history compared to similar businesses, with 1.00 being average.
What's an experience modification factor (e-mod)?
The experience mod is a multiplier that adjusts workers comp premium up or down based on the business's claims history relative to similar businesses. An e-mod of 1.00 is average; below 1.00 produces a credit (lower premium); above 1.00 produces a debit (higher premium). Businesses with three years of premium history typically have an e-mod calculated by the National Council on Compensation Insurance (NCCI). E-mod is one of the most impactful single variables in workers comp pricing, and even small improvements can produce meaningful annual savings.
What are pay-as-you-go workers comp options?
Pay-as-you-go workers comp lets businesses pay premium based on actual payroll each pay period rather than estimated payroll at the start of the year. Premium is calculated and paid as wages are paid, eliminating large year-end audit adjustments and improving cash flow. Most major workers comp carriers offer pay-as-you-go options through payroll integrations. The structure works particularly well for businesses with variable payroll (seasonal operations, project-based contractors).
Do sole proprietors need workers comp in Florida?
Non-construction sole proprietors with no employees are generally not required to carry workers comp on themselves but may elect coverage. Florida construction industry sole proprietors must either carry workers comp or file an active exemption with the state. Even when not required, sole proprietors in some industries (or those bidding on certain jobs) may need workers comp to satisfy contract or licensing requirements. We help confirm what's required versus what's elective for each situation.
What happens if I don't carry required workers comp?
Operating without required workers comp can result in significant penalties: state fines (Florida penalties can equal 2× the premium that would have been paid for the period of non-compliance, with $1,000 minimum), stop-work orders that shut down the business until coverage is in place, civil suits from injured employees that the business has no insurance to defend or pay, and potential criminal penalties in severe cases. The penalties typically far exceed what the premium would have cost.
Does workers comp cover subcontractors and 1099 workers?
Subcontractors and 1099 contractors are typically not covered under your workers comp policy if they carry their own coverage. However, if a subcontractor doesn't carry workers comp and is injured on your job, in many states the hiring contractor's policy becomes liable. Florida's construction industry has particularly strict subcontractor rules: general contractors are typically responsible for ensuring all subcontractors carry workers comp or are properly exempt. We help with subcontractor certificate collection and warranty processes.
What about ghost policies for sole proprietors in construction?
Ghost policies (workers comp policies for sole proprietors with no employees that exclude the owner) were once common in Florida construction for contractors who needed to provide proof of coverage to general contractors. Florida cracked down on ghost policies in 2018 with significant reforms. Today, Florida construction sole proprietors with no employees must either carry workers comp covering themselves or file an active exemption with the state. We help navigate the current rules and routes for construction sole proprietors.
What's a workers comp audit?
Most workers comp policies are auditable at year-end. The carrier reviews actual payroll during the policy period (typically by class code) and adjusts premium up or down compared to the estimated payroll used at the start. If actual payroll was higher than estimated, additional premium is due; if lower, a return premium is owed. Audits can be self-audit (questionnaire-based), physical (auditor visits the business), or remote. Accurate initial estimates and clean records keep audits straightforward.
How fast can I get a workers comp quote?
Simple workers comp quotes (in-class businesses with clean claims history, small to moderate payroll) typically come back within one to two business days. Construction, higher-risk classes, businesses with significant claims history, or operations needing specialty placement may take longer. We need basic business information, class code(s) and payroll by class, claims history (loss runs from current and prior carriers), and a sense of the workforce composition to put together accurate quotes.