If an employee is injured or disabled resulting from their job duties, they may require medical services or pay for out of work time to cover their living costs and additional injury-related expenses.  Worker’s compensation insurance makes sure there is money available in a fund to take care of this type of injury.  Contact an attorney to help file a claim or answer questions you have.

State requirement.

Florida State requires employers to provide worker’s compensation insurance for their employees and the coverage requirement is tailored to the type of industry, the number of employees and the business structure of the entity. Florida businesses must carry workers’ compensation as follows:

  • Construction businesses must have insurance if they have 1 or more employees, including business owners who are officers or limited liability company (LLC) members.
  • Non-construction businesses must have insurance if there are 4 or more employees, including business owners who are officers or limited liability company (LLC) members.
  • Agricultural business entities must have insurance if there are 6 or more regular employees and/or 12 seasonal workers who work more than 30 days but less than 45 in a calendar year.
  • Out of state workers have specific requirements based on the type of work they will perform in Florida, and if they have insurance, they must notify their home state insurance carrier who may use an extraterritorial reciprocity clause to cover out of state employees while working in Florida.  If they have no insurance, they must apply for a Florida policy.
  • Contractors who  use sub-contractors must make certain that they have worker’s compensation before beginning a project in accordance with Florida’s Administrative Code.  If a sub-contractor does not have their own insurance, it is the responsibility of the contractor to pay for benefits related to injuries, illness or death.

Exemptions are available based on meeting Florida State requirements for them to opt out of insurance coverage, and insurance can be purchased from a commercial provider or certain business may self-insure based on revenue.

Failure to purchase.

If a business owner fails to purchase workers’ compensation insurance, it could result in lawsuits that will wipe out the financial stability of the business if an injured party sues the employer for benefits, and brings tort action where they could recover more than the costs associated with buying the insurance in the first place.  A business could literally be shut down and fined until the situation is corrected under a Stop Work Order, where payment of compensation is confirmed allowing the conducting of normal business once again. The Workers Compensation Division is supposed to give an employer a chance to supply evidence of coverage, and if they cannot, a penalty of $1,000 a day can be charged.  Workers comp insurance is the law and it protects a business from risk while protecting employees.

Compensation.

Claims can be made for medical expenses, temporary disability benefits, permanent disability benefits and death benefits paid to particular family member if an employee is killed in a job-related incident

Time limitations.

A Florida workers’ compensation claim must be filed within 2 years from the date of injury (this date does not start until the injured person realizes the serious nature of their injury or job-related disease), or after the initial 2 years, within one year of the last payment of compensation for medical treatment or care under.

Seek legal counsel.

If you need assistance with a matter involving Florida workers’ compensation, seek the assistance of a knowledgeable attorney at the Law Offices of Orlando R. Murillo, P.A., in Miami.  Call for a free consultation.

Orlando R. Murillo, P.A. Law Offices

7350 SW 89th Street, Toscano Building
Suite 100

Miami, Florida 33156

Phone: 786-530-4288

Sources.

https://www.flrules.org/gateway/ruleno.asp?id=69L-6.032

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.02.html

https://www.myfloridacfo.com/division/wc/