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What Are The Florida Workers Compensation Rules For Employers?

Employers operating in Florida need to provide workers’ compensation insurance for their staff. The amount and type of coverage is contingent on the industry, number of employees and entity organization – determining these requirements are easy with information from the Bureau of Compliance!

Workers’ compensation insurance is essentially a safety net that employers or businesses put in place to cover benefits for any injuries employees might sustain while carrying out job-related duties—though there are a few exceptions to note. In the sunny state of Florida, it’s not optional, but a legal requirement for the majority of employers to have this kind of coverage. When carrying a workers’ compensation policy, employees can breathe easy knowing they’ll be compensated for any injuries they pick up on the job, no matter who’s at fault, shielding employers from facing major legal actions as a result of a workplace injury.

If you’re an employee in Florida, it’s important to understand your rights and obligations under the state’s workers’ compensation law (FWCL).


Everyone with a work-related injury is entitled to certain no-fault insurance benefits – including salary replacement and medical expenses. 

The FWCL regularly audits employers across the state to guarantee that these programs are being provided. If for any reason you believe this isn’t happening at your workplace, our attorneys can help explore legal options available.

Companies that hire a minimum of six regular employees and have twelve seasonal workers who work for more than 30 days but no longer than 45 within the same calendar year must acquire workers’ compensation coverage.

Out-of-state employers need to ensure their insurance provider is aware they are conducting business in Florida!

Workers’ Comp Requirements For the Construction Industry

Business owners and corporate officers alike must take the necessary steps to ensure their employees are properly protected. 


When it comes to workers’ compensation, employers of one or more individuals – including themselves if they’re a Limited Liability Company (LLC) member/corporate officer – should familiarize themselves with 69L-6.021 Florida Administrative Code which lists all trades considered part of the construction industry requiring coverage.


For any project to be completed, contractors must check that all sub-contractors hold the necessary Workers’ Compensation Insurance – failure to do so leaves them liable for injuries, illnesses or fatalities of their workers. 


For a list of relevant documentation requirements as outlined in Florida Administrative Code 69L-6.032.


When workers are employed by a sub-contractor, they may not be protected in the case of an injury. In such circumstances, if something unfortunate were to happen on the job site, responsibility for paying benefits falls onto the contractor – resulting in potentially costly consequences.

Workers Comp Requirements for the Non-Construction Industry

All businesses that employ four or more individuals, including business owners and officers of LLCs, are legally required to invest in Workers’ Compensation Insurance. 


However exceptions exist for non-construction industry Sole Proprietors and Partnerships who can choose whether they want coverage by filing the appropriate form with their local Division of Workers’ Compensation.

What Injuries Are NOT Covered By Workers' Comp?

It’s important to know what instances are not covered by workers’ compensation. 


Generally speaking, any injury or illness that is intentionally self-inflicted or caused by illegal activity won’t be eligible for coverage. 


The same is true if the injury has been sustained while engaging in prohibited activity, or if it happened while someone was under the influence of drugs or alcohol. 


Injuries that come about as a result of horseplay, hostilities between employees, and altercations with non-employees are also not typically covered by workers’ comp either. 


Lastly, those that happen away from work, unless the employee was expected to do their job offsite, will rarely qualify. Thankfully, there’s plenty of information available online to help you determine if your particular situation will be eligible for workers’ comp so you can make an informed decision on what steps to take next.

What is The Minimum Payroll for Workers Compensation in Florida?

In Florida, workers compensation is a form of insurance that covers medical expenses and partial wage replacement if an employee gets injured or becomes ill in the workplace. 


Florida employers must adhere to a maximum weekly compensation rate for any employee who suffers from an occupational injury or illness. 


To stay compliant with the state law (440.12(2) of the Florida Statutes), this amount is set at 100% of the average wage across all industries statewide, conveniently rounded off to the nearest dollar!

How Long Does an Employer Have to Report a Workers Comp Claim in Florida?

If you’ve suffered an injury at work, it’s critical to report the incident within seven (7) days of your employer learning about it. 


Doing so in a timely manner ensures that any claims made will be approved – if reported beyond thirty (30) days, they may not qualify for coverage!

Can an Employer Fire You While on Workers Comp in Florida?

In Florida, employers typically have the power to end an employee’s contract without warning. However, workers are protected if they choose to pursue their right for compensation due by filing a claim; no employer is allowed terminate them as retribution.


Under What Circumstances is an Employer is Not Liable to Pay Compensation to The Workers?


Have you ever wondered when employers are exempt from providing worker compensation? Knowing the circumstances in which businesses do not have to give out such payments can help both employees and their supervisors understand what is required of them.


Employers have some exemptions when it comes to providing compensation for an injury sustained by their employees – such as if the employee is not disabled or incapacitated in any way beyond 3 days, and/or the incident was caused through drug and alcohol consumption.

What is Not Considered a Work Related Injury?

If an injury or illness arises in the workplace, it may not necessarily be considered work-related and therefore would fall outside of recordable situations. 


Certain exceptions can apply if certain criteria are met.


Protecting employee safety is essential, however there are certain criteria that do not require you to record injuries and illnesses. The following are examples:

1- An employee recently experienced an injury or illness while present in the work environment not as a staff member, but instead simply as part of the general public.


2- At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.


3- Work-related injuries and illnesses are often the result of an event or exposure during work hours, but sometimes they can originate from a different source. Signs and symptoms may appear in the workplace even if their cause is external to it.


4- Participating in a wide variety of activities such as blood donation, physicals and flu shots can be great for your wellbeing – but sometimes these voluntary programs may lead to an injury or illness. From exercise classes and racquetball to baseball games; make sure you take the necessary precautions before joining any recreational activity!


5- Employees’ personal pursuits that occur outside of their job duties may result in unexpected injuries or illnesses while they are on the premises. Employers must take extra precautions to ensure safety, regardless of the time spent at work.


6- A wide variety of injuries or illnesses acquired during working hours can be covered by workers’ compensation insurance—unless, that is, the ailment was caused simply through personal grooming practices, self-medicating for a non work-related condition, or intentionally inflicted upon oneself.


7- Mental illness can have a direct impact on an employee’s ability to achieve success at work. However, for it to be considered as such, the individual must present unbiased evidence from a licensed psychiatrist or psychologist demonstrating that their condition is job-related.


8- A workplace injury or illness is not restricted to the office — it can be caused by a motor vehicle accident while commuting to and from work. This includes accidents on company parking lots or access roads!


9- The common cold or flu can be pesky health nuisances, but they’re minor compared to much more serious contagious diseases like tuberculosis, brucellosis, hepatitis A, and the ever-dreaded plague. Luckily though – if an employee becomes infected at work with any of these dangerous illnesses it will still fall under a workplace-related illness.

Why Get Workers’ Comp?

Regardless of whether you have one employee or 500, almost every employer in the state of Florida is required to provide workers’ compensation insurance for their employees. 


Failing to do so can result in some pretty hefty penalties. The good news is that OCMI can help you get the best workers’ comp coverage for your business at the most competitive rates. 


Give us a call today and let us help you protect your business and your employees.

An Overview of Workers Compensation in Florida

How Does Workers Compensation Work in Florida?

As an employer or business owner in the state of Florida, it is important to understand the requirements and regulations of workers compensation. 

Workers compensation is a type of insurance that provides coverage for medical expenses and lost wages for employees who are injured on the job. Knowing the ins-and-outs of workers compensation can help you make sure that you have the coverage you need so your business is protected if an accident were to happen.

What Does Worker’s Comp Cover?

Injuries, accidents, and illnesses can happen in any workplace. That’s why it’s important to understand what worker’s compensation covers and how to protect yourself and your employees in the event of an accident. 


Let’s take a look at some of the basics of worker’s compensation. 


Workers comp covers medical expenses and lost wages incurred by an employee as a result of an injury or illness sustained while at work. 


If a worker requires surgery or physical therapy as a result of their injury or illness, then these costs will be covered by workers comp. 


Generally speaking, most states require employers to provide some form of worker’s compensation insurance coverage for their employees.


This type of insurance provides coverage for medical expenses and wage replacement if an employee is injured while on the job or becomes ill as a result of their work duties. It also covers death benefits if a worker dies due to a job-related injury or illness. 


Some states also cover psychological injuries such as stress and anxiety caused by the work environment, while other states do not offer this type of coverage at all. Again, it is important to review your state law before making any decisions about how best to proceed with an injury or illness claim.  


Additionally, if an employee needs to take time off from work due to their injury, workers comp will cover any wages they may have lost during their absence.

Medical Workers Comp Coverage:

If you’re an employer, you’ll want to know why medical workers comp coverage is essential for the safety and protection of your employees.


This type of insurance helps cover the medical costs associated with any work-related injuries or illnesses that occur while on the job. So, let’s take a look at how this coverage works and what it covers. 


Depending on where you live, worker’s comp may cover doctor visits, hospital stays, surgery costs, rehabilitation costs for physical therapy or occupational therapy services, prescription drugs related to the injury/illness (or generic versions), mileage costs associated with getting treatment for the injury/illness (if applicable), and other medical expenses related directly to treating the injury/illness.  


Every state has different laws when it comes to workers comp coverage. It’s important that employers understand exactly what their state requires in order to stay compliant with all applicable regulations. 


For example, some states require employers to purchase workers comp insurance if they have more than five employees while other states only require employers with more than nine employees to do so. 


Additionally, some states will only require employers to pay for medical expenses related to work-related injuries and not lost wages or death benefits. It’s important that employers familiarize themselves with all applicable state laws before deciding which type of coverage best meets their needs. 


Having a comprehensive understanding of medical workers comp coverage is essential for any employer looking to protect their business and its employees from potential risks associated with occupational illnesses or injuries. 


Make sure you research all applicable state laws regarding this type of insurance, as well as shop around for the best program based on your company size and budget limitations before settling on one plan in particular. 


Taking the time now can save yourself from costly problems down the road should an employee experience an incident related to their work duties or environment!

Workers Comp Wage Replacement

Worker’s comp may also provide wage replacement if an employee is unable to work due to an injury or illness sustained on the job site


This type of coverage typically replaces up two-thirds of an employee’s salary while they are away from work recovering from their illness or injury until they are able to return back full-time without restrictions set forth by their doctor(s). 


However, there is usually a maximum amount that can be received per week.


Depending on the situation, these costs can add up quickly; however, they are necessary in order for employees to make a full recovery and return to work as soon as possible. 


The other important aspect of workers’ comp wage replacement is that it provides job protection for injured employees during their recovery period. 


Employers are not allowed to fire or demote an employee due solely to their disability status—once healed, workers must be returned into their original job position at their previous salary rate. This ensures that injured employees do not have anything else added onto their plate while they are recovering from their injury or illness. 


Workers’ comp wage replacement is a valuable benefit for both employers and employees alike – it provides much needed support during difficult times without sacrificing job security or wages down the line. 


By understanding how this type of coverage works, businesses can ensure they are providing adequate care and protection for all of their staff members in case of unfortunate events such as injuries or illnesses on the job. 


Furthermore, businesses should always keep up with any changes in applicable state laws regarding workers’ comp wage replacement, so they remain compliant with all regulations and continue offering appropriate coverage for all employees.


If a worker dies due to a job-related injury/illness then certain benefits may be paid out depending on where you live; these benefits usually include funeral expenses along with additional death benefit payments.

When Is Worker’s Comp Required?

In Florida, employers must purchase workers compensation insurance for any business with four or more employees who are paid on a regular basis—including part-time and seasonal employees. 

This includes salaried employees as well as hourly wage earners. Businesses with fewer than four full-time employees do not need to purchase workers compensation insurance, but may choose to do so voluntarily.

How Do I File a Workers Comp Claim?

If an employee has been injured while on the job, they can file a claim with the Division of Workers Compensation in Florida. 


The process begins when an employee completes Form DFS-F6-DWC-12 (Notice of Injury/Illness). This form must be completed within 30 days after the injury occurs, otherwise it may be denied by the Division of Workers Compensation. 


Once this form is submitted, it will be reviewed by either an administrative law judge or claims administrator who will decide whether or not to approve the claim and how much money should be awarded to cover medical expenses and lost wages.


Workers compensation is essential for businesses with four or more full-time employees in order to protect them against accidents and illnesses that occur at work. 


By understanding what workers comp covers and when it is required, employers can make sure that their business has adequate coverage if there were ever to be an accident onsite. Additionally, filing a claim is relatively straightforward; however, it must be done within 30 days after the incident takes place in order for it to be accepted by the Division of Workers Compensation in Florida.


Once you understand your state laws and requirements, you can begin shopping around for the right program for your business. 


There are many different types of programs available based on your company size and budget preferences, so it’s important that you find one that meets both your needs and those of your employees. 


Additionally, make sure that you understand exactly what is covered by each program, so there are no surprises later on down the road should an employee get injured or ill due to a workplace situation.