In Florida, hiring only family members does not automatically excuse you from workers compensation. A relative who works for pay is generally an employee and counts toward the threshold like anyone else, which is four employees for non-construction and one for construction. Florida has no blanket exemption for spouses, children, or other relatives on the payroll.
Who this is for: Florida owners who employ only family and want to know whether they still need comp. Workers comp pays medical bills and part of lost wages after a work injury.
The short version
- Paid family are employees. A relative on the payroll counts toward the threshold.
- No family exemption. Florida does not carve out spouses or children who work for pay.
- Owners are separate. An owning family member may be left out or exempt as an owner, not as family.
- Construction still starts at one. A single working relative can trigger coverage in a trade.
- Casual help may differ. Truly occasional, non-business tasks are treated as casual, not employment.
When a family worker counts
The dividing line is whether the relative is a paid worker, an owner, or just an occasional helper.
| Family worker | Counts toward the threshold? |
|---|---|
| Spouse or child paid a regular wage | Yes |
| Relative who is also an owner | Treated as an owner, not just family |
| Relative doing occasional non-business chores | Usually casual, not counted |
| Relative in your construction crew | Yes, and construction starts at one |
How ownership changes the picture
If your family member is also an owner, they are treated by their ownership, not by the family relationship. A non-construction sole proprietor or partner is left out by default and may elect in, while an LLC member who owns at least 10 percent is treated like a corporate officer, counted and covered by default and exempt only by filing a Certificate of Election to be Exempt. But a hired relative who is not an owner is simply an employee, and in construction that one relative can put you over the one-employee line. Only genuinely casual work, meaning tasks outside your regular trade that come up occasionally, falls outside employment.
A quick Florida example
Illustrative, not a quote. A family restaurant in Tampa is run by two spouses who own it together and pay their adult son and daughter to wait tables. The two owners are treated as owners, but the son and daughter are paid employees who count. With only two countable employees the restaurant sits under the four-employee rule, so no policy is required yet, though the owners buy one so a kitchen burn is covered. Had this been a family roofing crew instead, the first paid relative on a roof would have triggered coverage, because construction starts at one.
Real questions Florida owners ask
Do I need workers comp if I only employ family?
Usually yes, if they are paid. A relative who works for a wage is an employee and counts toward the threshold, which is four for non-construction and one for construction.
Is there a family exemption in Florida?
No. Florida has no blanket exemption for spouses, children, or other relatives who work for pay. They count like any other employee.
What if my family member is also an owner?
Then they are treated as an owner, not just as family. A non-construction sole proprietor or partner is left out by default, while an LLC member who owns at least 10 percent, like a corporate officer, is counted and covered by default and exempt only by filing a Certificate of Election to be Exempt.
Does a relative doing occasional chores count?
Often not. Truly casual work that is outside your regular trade may be treated as casual rather than employment, but regular paid work counts.
My spouse and I run the business and pay our child. Who counts?
The owners are treated as owners, and the paid child is a counted employee. Whether coverage is required depends on how many countable employees you reach.
Does construction change the family answer?
Yes. In construction, the first paid relative on the job triggers coverage, because construction starts at one employee rather than four.
Should I cover family voluntarily even if not required?
Many owners do. A work injury to a relative can be expensive, and a policy pays medical bills and lost wages that would otherwise come out of the family business.
Why Florida owners choose Morrow
- We shop the right market for you. Florida is a private, competitive market with no state fund, so you buy workers comp from private insurers the state authorizes, and Morrow shops several of them to fit your trade and budget instead of leaving you with one option.
- We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
- Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
- We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
- Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.
Related Florida guides
Every Florida business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.
- Business insurance in Florida (start here)
- Workers comp: the owner's overview
- I own an LLC: do I need workers comp?
- I'm a sole proprietor: do I need workers comp?
- I own a corporation (C-corp or S-corp): do I need it?
- We're a partnership: do we need workers comp?
- We're a nonprofit: do we need workers comp?
- My workers are 1099: do I still need it?
- Only part-time or seasonal staff: do I need it?
- Remote or out-of-state staff: do I need coverage?
- What happens if I don't carry workers comp?
- How much does workers comp cost?
- How do I get workers comp (even if turned down)?
- What insurance do I need for a contractor license?
- Workers compensation insurance, explained
- What workers comp costs (national guide)
- Hiring your first employee: what changes
- Do sole proprietors need workers comp?
- Retail workers comp in Florida
This guide is general information, not legal advice. Florida rules and penalty amounts can change, so verify current requirements with the Florida Division of Workers' Compensation or a licensed advisor before you rely on them. Last updated: July 2026.