Florida’s workers’ compensation poster requirements come from Section 440.40 of the Florida Statutes: every employer that has secured workers’ compensation coverage must display the Department of Financial Services’ prescribed notice, commonly called the “Broken Arm” poster, in a conspicuous place at the worksite. The poster tells employees who the insurance carrier is, how to reach it, when the policy expires, and how to report suspected fraud.1The Florida Legislature. Florida Code 440.40 – Compensation Notice
Which Employers Have to Post It
The posting rule applies to any employer that has “secured compensation” under Florida’s workers’ compensation law.1The Florida Legislature. Florida Code 440.40 – Compensation Notice Whether you were required to secure that coverage in the first place depends on your industry and headcount under Section 440.02:
- Most private businesses: coverage is required at four or more employees.
- Construction: coverage is required with even one employee.
- Agriculture: farms with five or fewer regular employees and fewer than twelve seasonal workers in a calendar year are excluded; cross either threshold and coverage is mandatory.2The Florida Legislature. Florida Code 440.02 – Definitions
If you meet any of those thresholds and hold an active policy or are self-insured, the poster must go up. Employers below the threshold who voluntarily carry coverage should still post it so employees know the coverage exists.
What the Poster Must Say
Section 440.40 requires two things on the notice. First, your carrier’s identifying information: the carrier’s name, the carrier’s address, and the date the policy expires.1The Florida Legislature. Florida Code 440.40 – Compensation Notice Those details sit on the declarations page of your policy, or your broker can pull them for you. Self-insured employers still have to display the notice even without a separate carrier to list.
Second, the statute prescribes specific anti-fraud language. The notice tells employees that rewards of up to $25,000 may be paid for information leading to the arrest and conviction of anyone committing workers’ compensation fraud, including employers who illegally skip coverage, and it must include the Department of Financial Services phone number for reporting suspected fraud.1The Florida Legislature. Florida Code 440.40 – Compensation Notice The anti-fraud text is a statutory requirement, not optional. Leaving it off means you have not met the posting obligation even if the carrier information is perfectly accurate.
The Broken Arm Form
The Department of Financial Services prescribes the official form that satisfies Section 440.40, and the statute requires the notice to follow that prescribed format. A homemade version or a stripped-down summary does not count.1The Florida Legislature. Florida Code 440.40 – Compensation Notice The nickname comes from the image printed on the poster.
Standard versions are printed on 11-by-17-inch tabloid paper for readability at a distance and contain blank fields for the carrier name, address, policy expiration date, and fraud-reporting phone number. Fill those blanks with a high-quality printer or permanent marker so the information stays legible.
You can get the poster two ways. Many insurance carriers include a pre-printed copy in the policy enrollment package, often with the carrier’s details already filled in — the fastest route to a compliant poster. The Department of Financial Services also makes workers’ compensation brochures, guides, and poster resources available through its website.3Florida Department of Financial Services. Brochures, Guides, and Posters If you print it yourself, confirm you have the current version; an outdated form with old carrier data or a lapsed policy date puts you out of compliance the same as having no poster at all.
Where to Hang It
Section 440.40 requires the notice to be kept “in a conspicuous place or places in and about” your place of business.1The Florida Legislature. Florida Code 440.40 – Compensation Notice In practice that means somewhere every employee routinely sees it: a breakroom, near the time clock, or by the employee entrance. Behind a filing cabinet in an unused office does not satisfy the rule.
The statute’s phrase “place or places” signals that one poster at headquarters is not enough if employees work elsewhere. Post a copy at each building or job site. Construction companies with rotating sites often keep a laminated copy in the site trailer or a toolbox.
Keep it clean and readable. A torn, sun-faded, or coffee-stained notice is functionally no notice. Walk through your posting areas periodically to be sure the poster has not been buried under newer flyers or knocked behind furniture.
Keep It Current
Replace the poster whenever you renew the policy or switch carriers so the carrier name, address, and expiration date on the wall match the policy in force. This matters because the reporting clock moves quickly once someone gets hurt. Under Section 440.185, an injured employee must notify the employer within 30 days of the injury or within 30 days of first realizing the injury occurred. Once the employer learns of an injury, the employer has seven days to report it to the carrier in the form the department prescribes, with a copy to the employee.4The Florida Legislature. Florida Code 440.185 – Notice of Injury or Death, Reports, Penalties for Violations A poster with the right carrier contact information makes those tight windows easier to hit.
If You Do Not Actually Have Coverage
The poster rule assumes you carry workers’ compensation insurance. If your business meets the employee thresholds and you do not, the problem is bigger than a missing notice. Under Section 440.107, the Department of Financial Services can issue a stop-work order that halts operations until coverage is obtained, along with financial penalties: $1,000 per day for continuing to operate after a stop-work order, two times the premium you would have paid over the prior twelve months (or $1,000, whichever is greater), and $5,000 per worker misclassified as an independent contractor. The look-back period extends to twenty-four months for repeat violators or those who concealed payroll.5Florida Senate. Florida Code 440.107 – Department of Financial Services Keeping the policy current and the poster accurate is one of the cheapest compliance steps available.