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Workers' compensation in Florida

Draft for review

Workers' compensation pays medical care and a share of lost wages when an employee is hurt at work. In return, the employee generally does not sue the employer for that injury. Florida decides who must buy it by the kind of work and the number of people. Construction is stricter than an office.

What it covers

Medical care for a compensable injury. Wage replacement under the statute's formula. Death benefits in the statute when a worker is killed. The employer's liability section of the policy responds to some rare claims that fall outside the exclusive remedy. The policy follows chapter 440. It is not a health plan for employees and their families.

What it doesn't cover

Injuries to the public. That is general liability. Damage to a customer's property. An auto crash in the way a commercial auto policy covers it. A corporate officer who filed a valid exemption, for that officer's own injury. Fraud. An independent contractor who is truly independent and properly insured. The line between employee and contractor is where businesses get surprised. The division publishes the test. We do not invent a looser one.

Florida specifics

Section 440.02 is the definition section. Non-construction employers generally owe coverage at four employees. Construction owes it at one. Agricultural employers have a higher count, with a split between regular and seasonal workers. Exemptions for officers and owners are filed with the state and expire. A certificate of exemption is not the same document as a certificate of insurance. General contractors are expected to keep both on file.

The Division of Workers' Compensation, inside the Department of Financial Services, enforces the requirement and can issue a stop-work order. That is a different office from the one that regulates property forms.

How we help

Tell us the work, the payroll, the number of people, and who is an owner. If you are in construction, tell us about subcontractors. We shop workers' compensation with the companies appointed for that class. Start a business quote and include this coverage, or call either office. If a stop-work order is already in your hand, call. That is not a web form problem.

Questions people ask

Who has to carry it?

The general rules in chapter 440 are four or more employees in non-construction work, one or more in construction, and, for agriculture, six or more regular employees or twelve or more seasonal employees. Exemptions exist, including some corporate officers. The statute and the Division of Workers' Compensation are the authorities. Do not rely on a rule of thumb from a job site.

Does general liability replace it?

No. General liability is for other people's injuries. Workers' compensation is the remedy for employees hurt on the job. A contract that asks for both means both.

What if I use subcontractors?

In construction, their missing coverage can become your problem. If a subcontractor has no coverage and no valid exemption, the law can treat those workers as yours. Collect certificates and exemption forms before the work starts.

Are owners covered?

Corporate officers can elect an exemption in some cases, and they can be included if you want them covered. A sole proprietor is not automatically an employee. The division's exemption process is separate from buying a policy. We do not issue the exemption. The state does.

Related

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Sources

  1. Florida Statutes section 440.02, employment and exemptions
  2. Florida Division of Workers' Compensation
  3. Florida Department of Financial Services, Division of Consumer Services