New Worker’s Comp Laws in Florida
October 31, 2023
Injuries and illnesses can happen on the job, but with workers’ compensation insurance, you can provide your employees with important benefits.
Most businesses operating in Florida with four or more employees are required to carry work comp coverage. However, the specific policy requirements can vary depending on the industry, size of the company, and type of employees.
Don't let the unexpected disrupt your business operations. Whether you're in construction, non-construction, agriculture, or have temporary or out-of-state workers each has a different threshold for coverage, so understanding the statutory and administrative requirements is crucial for compliance and safeguarding your business from penalties and other legal consequences.
While the majority of businesses in the Sunshine State will need workers’ compensation insurance coverage, there are some exceptions. For businesses, such as sole proprietors and partnerships, exemptions are available. However, it's still possible to obtain a worker’s comp policy by filing for coverage with The Division of Workers' Compensation if desired.
Restitution can be pursued concurrently...
Workers' compensation covers any type of workplace injury, as long as it happened while on the job. Employees who gets injured while working can file a claim for workers' compensation benefits. Whether it's a repetitive stress injury or ongoing treatments for physical therapy, Florida worker’s compensation insurance has your employees covered when the unexpected happens.
Moreover, it is important to note that damages for certain injuries can be pursued as a personal injury lawsuit as well as a worker’s compensation claim concurrently. So it is smart to work with an independent insurance agency to fully understand your liability as an employer and to comply with Florida laws designed to protect your business from costly penalties and potential legal exposure.
Florida Worker’s Compensation Claims
The intention behind new legislation is to ensure that injured Florida workers receive disability and medical benefits quickly and efficiently, while also promoting their return to work at a reasonable cost to employers. Listed below are a few facts you should know about Florida worker’s compensation coverage, such as:
- Report Injury ASAP – A work injury must be reported to your employer within 30 days. Work-related injuries or illnesses that take time to discover must be reported within 30 days of discovery.
- No Need to Prove Fault – An injured worker does not need to prove the employer was at fault for their injury. The only proof needed is that an accident or occupational disease occurred during work.
- Healthcare Authorization – State law allows the worker’s comp insurance company to authorize the treating source of healthcare. So, you likely will not be treated by your doctor.
- Benefits Less Than Wages – Compensation is limited to the statewide average weekly wage. Plus, temporary total and temporary partial are paid as a % of disability and impairment benefits as a % of impairment.
- No Open Job Requirement – Florida statutes do not require an employer to keep the employee’s job open for reinstatement following a disability due to injury or illness.
It is specifically stated in state statutes that workers' compensation cases are to be decided based on their merits, and that the facts should not be interpreted in favor of either the worker or the employer. When a conflict of medical opinions is identified, recent statutes allow the appointment of an expert medical advisor to provide a neutral opinion on unpaid indemnity.
Stop Work Order Audits & Penalties
Unless the company has no employees other than owners with an active exemption, worker’s compensation insurance is mandatory for construction employers. This is important for the construction industry, as employers must ensure that all workers (including those from subcontractors) are covered by a worker’s comp policy or are officially exempt.
Prior to January 2023, all employers who received a stop work order were subject to an audit of their payroll records for the two years prior to the event. Now, the state has reduced the requirement to the preceding twelve months. However, employers who previously received a stop work order, a penalty assessment, or had intentionally understated their payroll will still be subject to a two-year audit.
During a more recent legislative session, lawmakers made adjustments to the workers' compensation laws that could result in significant reductions to penalties for first-time violators. A new provision was added to the statute, stating that first-time violators may receive an additional 15% reduction in assessments after a stop work order if they complete a workers' compensation coverage and compliance tutorial.
Don’t let workplace accidents or illnesses leave your employees in a bind. Get peace of mind knowing that your workers' compensation insurance can provide essential benefits if your employees experience job-related injuries or occupational illnesses. Contact an independent insurance agent at Nsurance Nation to explore your Florida worker’s compensation insurance options and safeguard your employees as well as your livelihood.
