In Florida, a partnership must carry workers compensation for its employees, but the partners themselves are treated differently depending on the trade. In a non-construction partnership, the partners are not employees and are left out of coverage by default, though the firm can elect to include them. In a construction partnership, the partners are treated as employees and are covered and counted by default, and unlike corporate officers they generally cannot exempt out.
Who this is for: Florida partners in a general partnership, an LP, or an LLP deciding whether they and their staff need workers comp. Workers comp pays medical bills and part of lost wages after a work injury.
The short version
- Non-construction partners are left out. They are not employees unless the firm elects them in.
- Construction partners are covered. Florida counts working construction partners as employees.
- Construction partners cannot easily exempt. The exemption route is for officers and 10 percent LLC members, not partners.
- Employees set the trigger. Non-construction at four, construction at one.
- The trade decides. The same partnership answers differently in construction than in an office.
How partners are treated by trade
Whether the partners themselves need coverage turns almost entirely on the type of work the firm does.
| Your partnership | Partners covered by default? | Staff coverage required at |
|---|---|---|
| Non-construction office, retail, or services | No, may elect in | Fourth employee |
| Construction | Yes, counted as employees | First employee |
| Mixed work | Construction activity pulls partners in | First construction employee |
Why construction partners are stuck in coverage
Florida closes the usual exits for construction partners. They cannot file the exemption a corporate officer or a 10 percent LLC member can, so a working construction partner stays an employee. Because two working partners are treated as two employees, a construction partnership is well past the one-employee trigger before it hires anyone. On top of that, if the partnership takes work as a subcontractor, the general contractor above it can be held liable for an uninsured injured worker, which is why coverage is expected before you set foot on a job.
A quick Florida example
Illustrative, not a quote. Two partners run a Fort Lauderdale landscaping and hardscape firm. Because installing pavers and doing site work is construction in Florida, both partners are treated as employees and cannot file the exemption a corporate officer could, so the partnership needs a workers comp policy even before it hires its first laborer. A two-partner tax-preparation firm across town is non-construction: the partners are left out by default, and the firm owes no coverage until it employs a fourth person.
Real questions Florida owners ask
Do partners need workers comp in Florida?
In non-construction, partners are left out by default and need no coverage on themselves, though the firm can elect them in. In construction, partners are treated as employees and are covered by default.
Can a construction partner file an exemption?
Generally no. The exemption is for corporate officers and 10 percent LLC members, so construction partners usually cannot exempt out the way an officer can.
When does a partnership need to cover its staff?
A non-construction partnership needs coverage once it has four employees. A construction partnership needs it from the first employee.
Do the partners count toward the employee total?
In construction, yes, because working partners are treated as employees. In non-construction, no, unless the firm elects to include them.
We are two partners in construction with no employees. Do we need coverage?
Likely yes. Two working construction partners are treated as two employees, which is well past the one-employee construction trigger.
Can we include ourselves if we want coverage?
Yes. A non-construction partnership can elect to bring the partners into the policy so their own injuries are covered.
Does converting to an LLC or corporation change this?
It can. Officers and 10 percent LLC members can file exemptions that partners cannot, which changes how owners are treated in construction.
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 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?
- I only employ family: do I need workers comp?
- 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
- What workers comp does not cover
- Contractor 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.