Workers Compensation Insurance

Workers Compensation Insurance in Florida and Georgia

Mandatory coverage for medical bills, lost wages, disability benefits, and death benefits to employees injured on the job, plus employer's liability protection. Florida requires it for non-construction businesses with four or more employees and construction with one or more. Georgia requires it at three or more. We write standard, specialty, and pay-as-you-go workers comp through multiple appointed carriers.

Why this matters

Mandatory in both states, with significant penalties for non-compliance.

Workers compensation is one of the few commercial coverages that's legally required. Florida and Georgia both mandate workers comp for most businesses with employees, with rules differing by industry and headcount. Florida requires coverage for non-construction businesses with four or more employees and construction businesses with even one employee. Georgia requires coverage at three or more employees. Operating without required coverage exposes the business to state fines (Florida penalties can equal twice the premium that would have been paid, with a $1,000 minimum), stop-work orders that can shut the operation down until coverage is in place, and uninsured exposure to injury lawsuits the business has no protection against.

Beyond compliance, workers comp is the practical mechanism for handling work-related injuries. It pays medical bills, replaces a portion of lost wages while the employee can't work, provides permanent disability benefits when injuries result in lasting impairment, and pays death benefits if the worst happens. In exchange, employees generally give up the right to sue the employer for the injury (the "workers comp bargain") that keeps injury matters in a predictable state-administered system rather than the civil courts. We help businesses understand the rules, get accurate quotes, and structure coverage that satisfies both legal requirements and practical business needs.

What's covered

What workers comp includes.

Medical benefits

All reasonable and necessary medical care related to the work injury, typically without coverage limits, paid within state fee schedules. Includes initial treatment, hospitalization, surgery, prescriptions, physical therapy, and ongoing care.

Lost wage benefits

Replacement of a portion of lost wages while the employee can't work, typically 66.67% of average weekly wage subject to state maximum (recalculated each year based on the statewide average weekly wage).

Disability benefits

Permanent partial disability benefits for lasting impairment per a state-published schedule, plus permanent total disability benefits for severe injuries that prevent return to any gainful work.

Death benefits

Burial expenses plus ongoing benefits to surviving dependents (spouse, minor children, sometimes other qualifying dependents) when a work injury results in death.

Employer's liability (Part B)

Coverage for lawsuits brought by injured employees that fall outside the workers comp system, including third-party-over claims and consequential bodily injury claims by family members.

Defense and claims handling

The carrier handles all aspects of the workers comp claim: medical case management, return-to-work coordination, fraud investigation, hearings before the state workers comp board, and legal defense as needed.

Gaps

What workers comp doesn't cover.

Injuries to third parties (use GL)

Workers comp covers employees only. Injuries to customers, vendors, the public, or other third parties are covered under general liability, not workers comp. The two policies work together for any business with employees and public-facing operations.

Non-employee independent contractors

Genuine independent contractors with their own workers comp typically aren't covered under your policy. Misclassified workers (1099 in name only) often are, and audits can recharacterize them. Subcontractor certificate collection matters significantly in construction.

Injuries outside the scope of employment

Injuries occurring during personal activities, on the way to and from work in many cases, while intoxicated, or from intentional self-harm are typically not covered. Coverage applies to injuries arising out of and in the course of employment.

Employment practices claims

Discrimination, harassment, wrongful termination, and similar employment practices claims are not workers comp claims. Employment Practices Liability Insurance (EPLI) is the right coverage for these exposures.

Federal jurisdiction work

Workers covered under federal acts (Longshore and Harbor Workers, Jones Act for maritime workers, FELA for railroad workers) need specific federal coverage rather than state workers comp. Each federal act has its own coverage structure.

Punitive damages, intentional acts

Workers comp doesn't pay punitive damages, fines, or penalties imposed for intentional acts or gross negligence by the employer. Some intentional-tort claims by employees may also fall outside both workers comp and standard employer's liability.

State knowledge

What to know about workers comp in Florida and Georgia.

Florida

4+ employees non-construction 1+ in construction Stop-work orders for non-compliance

Florida workers comp is governed by Chapter 440 of the Florida Statutes and administered by the Florida Division of Workers' Compensation. Requirements: non-construction businesses with four or more employees (full-time, part-time, owners) must carry coverage; construction businesses must carry coverage with even one employee; agricultural businesses with six or more regular employees or twelve seasonal employees must carry coverage. Florida construction sole proprietors must either carry coverage or file an active exemption. Florida cracked down on ghost policies in 2018, and current rules require active coverage or active exemption for construction sole proprietors. Florida penalties for non-compliance are significant: 2× the premium that would have been paid for the period of non-compliance, with $1,000 minimum, plus potential stop-work orders.

Georgia

3+ employees SBWC administration Standard NCCI rating

Georgia workers comp is administered by the State Board of Workers' Compensation (SBWC) and is required for businesses with three or more employees, with limited exceptions. Sole proprietors, partners, and certain corporate officers (LLCs and corporations) can elect not to be covered themselves, but coverage is still required for employees. Georgia uses NCCI (National Council on Compensation Insurance) for class codes, base rates, and experience modification factors, the same standard scheme used in Florida and most other states. Non-compliance penalties in Georgia include civil penalties of up to $1,000 per violation plus potential criminal penalties for willful non-compliance.

Premium structure

How workers comp premium is calculated.

Workers comp premium uses a standardized formula: class code rate × payroll per $100 × experience modification factor × other adjustments. Class codes are published by the National Council on Compensation Insurance (NCCI) and reflect what employees actually do (clerical, retail sales, light manufacturing, roofing, etc.). Each class code has a base rate published by the carrier (or by state in some states), expressed per $100 of payroll.

Payroll is the wages paid to employees in each class code during the policy period. Florida and Georgia both use NCCI class codes, with some state-specific variations. Executive officers and partners have minimum and maximum payroll thresholds for the WC calculation, regardless of their actual compensation. We help confirm class code accuracy and payroll splits at quote time, since misclassification is one of the most common workers comp issues at audit.

Experience modification factor (e-mod) is calculated by NCCI for businesses with three years of premium history and reflects how the business's claims experience compares to similar businesses in the same class. An e-mod of 1.00 is average. Below 1.00 produces a credit (lower premium); above 1.00 produces a debit (higher premium). E-mod is one of the most impactful single variables in workers comp pricing, and improving it through claims management and return-to-work programs produces meaningful annual savings.

Workers comp policies have two coverage parts. Part A (workers compensation benefits) has unlimited limits because the state schedule controls what's paid. Part B (employer's liability) has selectable limits, typically $100K per accident / $500K per disease policy / $100K per disease per employee. Higher Part B limits (sometimes $1M/$1M/$1M) are common for businesses that also carry a commercial umbrella requiring a minimum underlying employer's liability limit.

Part A: workers compensation benefits

Statutory (unlimited)

Medical, lost wages, disability, and death benefits paid per the state workers comp schedule. No policy limit because the state schedule controls what's owed and what's paid.

Part B: employer's liability

$100K / $500K / $100K (standard)

Standard limits. $100K per accident, $500K per disease policy aggregate, $100K per disease per employee. Higher limits (often $1M/$1M/$1M) are common when a commercial umbrella requires a higher underlying employer's liability limit.

Common scenarios

Situations that change workers comp structure.

Small office or service business

Lower-risk clerical and professional class codes (8810 clerical, 8742 outside sales, etc.) typically rate favorably. Mostly straightforward placements with standard admitted carriers and online digital writers.

Construction operation

Construction class codes rate significantly higher than office classes, and Florida construction requires coverage at even one employee. Subcontractor certificate collection, class code accuracy, and audit preparation matter substantially.

Restaurant or retail with hourly staff

Restaurants and retail with significant hourly workforce have meaningful workers comp exposure. Class codes vary by operation type (fast food, full-service, retail goods). Variable payroll makes pay-as-you-go options attractive.

Growing business adding first employees

Crossing the employee thresholds (1 for construction, 3 in Georgia, 4 in Florida non-construction) triggers mandatory coverage. We help businesses get coverage in place at the right time without overpaying for excess capacity.

Multi-state operations

Businesses operating in both Florida and Georgia need coverage that responds in both states. Most carriers accommodate multi-state policies; some classes require state-specific placements. We coordinate coverage across our two-state service area.

Higher e-mod from prior claims

Businesses with elevated experience modification factors face significantly higher premium and reduced carrier appetite. We help with carrier selection, e-mod recalculation review, and identifying placement options when the standard market is restrictive.

Premium and pricing

What goes into your workers comp premium.

What affects your premium

Class code is the largest single variable. A clerical class code (8810 in NCCI) might rate at $0.20 per $100 of payroll; a roofing class code (5551) might rate at $25 or more per $100. The difference reflects the vastly different injury frequency and severity profiles. Class code accuracy is critical because misclassification at quote or at audit can produce significant premium adjustments and coverage disputes.

Payroll volume scales premium directly. A business with $500K of payroll in a class will pay roughly 5× the premium of a business with $100K in the same class. Variable payroll across the year (seasonal operations, project-based work, hiring fluctuations) makes pay-as-you-go workers comp attractive because premium is paid as wages are actually paid rather than as estimated up front.

Experience modification factor adjusts premium based on the business's three-year claims history relative to similar businesses. E-mod above 1.00 means the business has had worse than average losses; below 1.00 means better. Improving e-mod through safety programs, return-to-work programs, and claims management produces compounding savings over time.

Ways to manage premium

Workers comp offers several premium levers across class accuracy, claims management, payment structure, and dividend programs.

Class code accuracy

Confirming employees are classified to the right code (not just a higher code "to be safe") can produce meaningful premium savings. Clerical employees in mostly-construction businesses, for example, typically rate to the much lower clerical class.

Pay-as-you-go (payroll-based billing)

Pay-as-you-go workers comp pays premium each pay period based on actual payroll, improving cash flow and eliminating large year-end audit adjustments. Particularly useful for variable-payroll operations.

Return-to-work and claims management

Active claims management, light-duty return-to-work programs, and prompt incident reporting reduce claim severity and improve e-mod over time. These produce compounding savings across multiple renewal cycles.

Dividend programs

Some workers comp carriers offer dividend programs that pay back a portion of premium when actual loss ratios are favorable. Dividends are not guaranteed but can be a meaningful return for businesses with strong loss performance.

Workers comp is one of the most underwriting-intensive commercial lines because of its mandatory nature, audit structure, and impact on the business's e-mod over time. A coverage review every renewal helps confirm class codes, payroll splits, and carrier fit remain appropriate as the business evolves.

Decisions

How to think about workers comp structure.

01

Am I required to carry workers comp?

In Florida: yes for non-construction businesses with 4+ employees, construction with 1+, and agricultural per the specific thresholds. In Georgia: yes for businesses with 3+ employees. Sole proprietors and certain officers may elect out for themselves but typically still need coverage for employees. We help confirm the rule for your specific situation, since edge cases (LLCs, family member employees, leased employees through PEOs) can be nuanced.

02

Standard policy or pay-as-you-go?

Standard workers comp policies estimate annual payroll up front, charge premium based on the estimate, and audit at year-end to true-up. Pay-as-you-go workers comp pays premium each pay period based on actual payroll, improving cash flow and reducing audit surprise. Pay-as-you-go works particularly well for variable-payroll operations (seasonal, project-based contractors, growing businesses). Most major carriers offer both structures.

03

Standard market or PEO?

Professional Employer Organizations (PEOs) co-employ the workforce and provide workers comp coverage as part of the package. PEOs can be a fit for very small businesses that want HR support bundled with workers comp, or for businesses with placement difficulty. Standard workers comp through a carrier is typically more cost-effective for businesses that already have HR capability and clean loss history. We help compare both approaches when relevant.

04

What employer's liability limit do I need?

Standard Part B limits ($100K/$500K/$100K) work for most small-to-mid-size businesses. Higher limits (often $1M/$1M/$1M) are common when the business carries a commercial umbrella, since umbrellas typically require a higher underlying employer's liability limit. We confirm umbrella requirements at quote time and structure Part B limits accordingly.

Carriers

Carriers we work with for workers comp.

We write workers compensation through multiple appointed carriers covering most standard classes. The Hartford is one of the largest workers comp writers in the country and is a strong fit for most standard small-to-mid-size businesses. Hiscox and NEXT handle small business workers comp through digital-first models with pay-as-you-go options. For higher-risk classes (construction, specialty operations) or accounts with claims-history challenges, wholesale brokers like Bass Underwriters and Bridge Specialty access specialty workers comp markets.

For hard-to-place Florida workers comp (high-hazard classes, significant claims history, businesses that can't find standard coverage), the Florida Workers' Compensation Joint Underwriting Association (FWCJUA) is the state's market of last resort. FWCJUA premium is typically higher than standard market pricing, but the program ensures coverage availability for businesses that need it.

The Hartford

Hiscox

NEXT

Bass Underwriters

Bridge Specialty

FWCJUA (last resort)

Carrier appointments and program availability vary by line, state, class code, and program. Quotes and placement depend on underwriting eligibility, claims history, payroll, and class code mix. Higher-risk classes (most construction, specialty manufacturing, certain trucking) may be placed through wholesale brokers in excess and surplus (E&S) markets. FWCJUA is a last-resort option when standard and specialty markets are unavailable.

Questions

Workers comp questions we hear a lot.

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.

Ready to talk through your workers comp options?

Tell us about your business and workforce, give us a call, or request a free quote. We'll confirm what's required for your specific situation, compare standard and pay-as-you-go options across our appointed carriers, and recommend the right structure.