Florida statutory employer rule: when a GC owes a sub’s workers’ comp

What does the statute say?

The statute treats employees of subcontractors as part of the contractor’s business establishment and says the contractor “shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.” A contractor who pays benefits because a sub failed to secure coverage can generally recover those amounts plus interest from the sub, unless the contract agrees otherwise in writing.

Not legal or insurance advice. Statutes change and contracts differ. Verify against the primary source (linked or named) and talk to your broker or attorney before relying on this.

Why it matters for certificates

The exception is the whole point of collecting workers’ comp proof. If the sub has secured coverage, the liability stays with the sub’s insurer. If coverage lapsed mid-job, the exception may stop applying from that date. That is why one certificate at the start is not enough and a renewal check before each expiry matters.

What to do before sublet work starts

1. Collect a workers’ comp certificate or valid exemption for every sub.
2. Verify it on the DWC databases and record the date.
3. Track the expiry and chase the renewal.
4. Ask your attorney how your subcontract handles recovery from a sub.

Sources: Fla. Stat. 440.10. Statutes change; confirm the current text.

A simple routine on every job

1. Before the sub starts, get the certificate and workers’ comp proof, or the exemption paperwork your state allows.
2. Look the sub up in the state’s workers’ comp proof of coverage database, if the sub has employees.
3. Save a copy with the date you checked and who checked.
4. Put every policy end date on a calendar.
5. Ask a local attorney or broker about anything unusual.