Get Workman's Compensation Waiver

Businesses that are exempt from workers' comp in Florida include: Construction companies with no employees (including yourself by filing for an exemption) Businesses in other industries with three or fewer employees. Agricultural companies with five or fewer regular employees or 11 or fewer seasonal workers.

An applicant associated with a payment that is insufficient is not eligible for an exemption. Officers of corporations must be listed in the records of the Division of Corporations. Statutorily, the Division has 30 days to PROCESS, RETURN or DENY exemption applications. Exemptions are valid for a 2-year period.

Employers with one or more employees, including the owner of the business who are corporate officers or Limited Liability Company (LLC) members, must have workers' compensation coverage. For a list of the trades considered to be in the construction industry see 69L-6.021 Florida Administrative Code.

Independent contractors and sole proprietors outside the construction industry are automatically excluded from the Workers' Compensation insurance system in Florida.

Under Florida law, employees waive their right to sue their employer if they receive workers' compensation benefits for their work-related injury or illness. In return, employees are not required to prove anyone's fault to be entitled to workers' compensation.

In Utah, individuals with no employees and who hire out their services to a hiring employer may be considered “statutory employees.” These individuals are allowed to waive their rights to workers' compensation coverage by obtaining a Workers' Compensation Coverage Waiver (WCCW).

An employee may only release a claim for wages that were subject to a bona fide dispute between the parties over whether the wages were owed. A release required or executed in violation of Section 206.5 of the California Labor Code is unenforceable.