Following are the specific requirements from the Florida Department of Workers' Compensation:
- Four (4) or more employees, including business owners who are corporate officers or Limited Liability Company (LLC)
members. Simply paying someone on a 1099 basis makes no legal distinction.
Please note: Non-construction industry Sole Proprietors or partners in a Partnership are not employees unless
they want to be included.
- One (1) or more employees, including the owner of the business who are corporate officers or Limited Liability
Company (LLC) members. For a list of the trades considered to be in the construction industry,
see 69L-6.021 Florida Administrative
Contractor s are required to make certain that all sub-Contractor s have the required Workers'
Compensation Insurance before they begin work on a project.
To see the documentation that is required from a sub-Contractor ,
see 69L-6.032 Florida Administrative Code.
If the sub-Contractor does not have Workers' Compensation Insurance for its employees, those workers become the
employees of the Contractor. If an injury occurs, the Contractor is responsible for paying the benefits for the
work-related injury, illness or fatality.