Florida Workers’ Compensation Laws

In Florida, Workers’ Compensation Law found in Sections 440.01–440.60 of the Florida Statutes assures “the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” However, this is not always the case. Workers’ compensation insurance companies employ various methods to deny your claim or minimize the compensation benefits you are entitled to.

At Berlin Law Firm, we have over 30 years of experience handling workers’ comp claims and appeals for employees in Sarasota, Tampa, and throughout Florida. Our team knows all of the insurance tactics and will not let their methods work to deny you the compensation you are entitled to and deserve. If you’ve been injured due to a work-related incident, we can help. We want to educate and inform you of all the options usually hidden from you. Schedule a free consultation today.

Am I Eligible for Workers’ Comp?

Under Florida labor laws, most businesses are required to purchase workers’ compensation insurance coverage for their employees, including full-time, part-time, and seasonal workers.

Common injuries that are covered include the following:

• Lacerations
• Broken bones
• Brain damage
• Burns
• Hearing Loss
• Falls
• Strains and sprains
• Toxic exposure

For example, if you were injured because a machine malfunctioned, got into an accident while making deliveries, tripped on a rug in your office, slipped and fell on a slick surface, or engaged in any other work-related tasks, you are likely covered. If you were hurt while commuting to work or having lunch with colleagues, you are likely not eligible for benefits.

What is the Florida Law on Workers’ Compensation Coverage Requirements? 

Under Florida law, employers must provide workers’ compensation coverage if they have four or more employees, including full-time or part-time. Independent contractors are not automatically covered under workers’ compensation unless they have their own insurance.  

However, if a worker is misclassified as an independent contractor but functions as an employee, the employer could be liable for providing workers’ compensation coverage. Misclassification can lead to legal consequences for employers, including penalties and liability for unpaid benefits. 

Construction 

In construction, Florida law mandates that all construction businesses with at least one employee must carry workers’ compensation insurance. Unlike other industries, which require coverage only for businesses with four or more employees, construction employers must cover every worker from the first hire. 

If a subcontractor does not provide workers’ compensation for their employees, the general contractor becomes responsible for covering them. This ensures that all workers on a construction site have protection.  

If a general contractor fails to verify a subcontractor’s insurance and an injury occurs, the contractor could face financial liability, lawsuits, fines, and stop-work orders from the Florida Division of Workers’ Compensation. 

Agricultural Workers 

Agricultural employers in Florida must provide workers’ compensation if they have six or more regular employees or 12 or more seasonal workers who work more than 30 days in a season but no more than 45 days in a calendar year. If seasonal employees work more than 45 days, they may be reclassified as regular employees, impacting coverage obligations. 

Who Is Not Covered by Florida Workers’ Compensation? 

In Florida, certain employees are not automatically covered by workers’ compensation for work injuries due to exemptions based on industry, employment status, and business size. 

 Independent contractors are generally excluded, except in the construction industry, where misclassification can be an issue. Sole proprietors and business partners are also not covered unless they choose to opt in.  

Federal employees, railroad workers, and longshoremen are covered under federal compensation programs rather than state workers’ compensation. Casual or domestic workers, such as housekeepers and nannies, are typically excluded unless specifically covered by the employer. 

What Benefits Can I Expect?

Florida workers’ compensation laws allow injured workers to obtain the following benefits:

• Wage loss: If your work injury leaves you temporarily disabled, your wage loss benefits typically equal two-thirds of your average weekly wage. Permanent disability benefits are based on your average weekly wage and a disability rating given to you by your doctor.
• Medical bills: Workers’ comp should cover all medical bills related to the care and treatment of your work injury, including surgery, hospitalization, medication, and physical therapy.
• Vocational rehabilitation: If your work injury forces you to adjust to a new position, workers’ compensation should cover the cost of training.

Remember, just because Florida workers’ compensation laws entitle you to certain benefits does not mean it will be easy to obtain them. You may meet resistance from the insurance company or your employer, who may try to limit or deny the benefits you are entitled to. Our skilled Florida work injury lawyers know how to address these tactics and can provide the strong representation you need to prevail against them.

Filing a Workers’ Compensation Claim

Strict time limits apply when filing a workers’ compensation claim in Florida. You must notify your employer within 30 days of your injury. After you report your injury, your employer should refer you to an approved doctor. Your employer has seven days to notify their workers’ compensation insurance provider of your injury. After reviewing the circumstances of your accident and your medical treatment, the insurance company will either approve or deny your claim.

You can improve your chances of a successful outcome by:

• See an approved healthcare provider, and follow your doctor’s orders and treatment plans.
• Document your injury and how it affects your day-to-day life—does it prevent you from bending, stooping, sitting, or performing other work-related activities?
• Be cautious about what you say to insurance company representatives—they may try to get you to say things that hurt your case.

A denied claim is not the end of the process. The Florida workers’ compensation system allows you to appeal the insurance company’s decision. However, you should hire a skilled lawyer to help. At Berlin Law Firm, we understand the nuances of Florida work injury laws and can give you the best chance of getting your claim approved.

How Does the Employer Obtain Coverage? 

There are several methods by which Florida employers may obtain workers’ compensation coverage for employees. Most employers purchase coverage from private insurance carriers licensed by the Florida Office of Insurance Regulation (FOIR). The employer’s business insurance agent can arrange coverage through these carriers. 

Out-of-state employers with workers in Florida must purchase workers’ compensation insurance through a Florida-licensed insurance company.  

Commercial Self-insurance  

Another option involves commercial self-insurance funds. The FOIR must authorize these funds. Commercial self-insurance for workers’ compensation allows employers to pool funds and thus spread liability for coverage among members. By law, commercial self-insurance funds can be established by a “not-for-profit trade association, industry association, or professional association of employers or professionals which has a constitution or bylaws.”  

Employer Self-insurance  

Employers may choose to self-insure their workers’ compensation liabilities, meaning they pay for claims directly rather than purchasing insurance. However, this option is available only to businesses that can demonstrate sufficient financial resources to promptly cover current and future claims. Employers must provide evidence of financial strength to ensure they can meet all obligations under the Workers’ Compensation Law. 

Employers are required to place a minimum security deposit of $100,000 to self-insure, either via a surety bond or irrevocable letter of credit, as per the Florida Self-Insurers Guarantee Association, Inc. (FSIGA). Self-insurers are also required to obtain excess insurance with a retention limit of either $600,000 or 1.5 percent of their net worth, whichever is greater. 

Other Options  

The Florida Workers Compensation Joint Underwriting Association Inc. (FWCJUA) is charged with providing workers’ compensation coverage to those employers who cannot obtain it in the voluntary market. In return, those employers must prove willing to implement “reasonable loss prevention programs” to keep their workplaces safe.  

Insolvency

What happens if an employer’s self-funded plan becomes insolvent? Fortunately, affected workers are not left in the lurch. The FSIGA guarantees that injured workers continue to receive workers’ comp benefits.  

Employee Leasing 

Some companies opt to lease employees through Employee Leasing Companies (ELCs), also known as Professional Employer Organizations (PEOs), rather than hiring them directly. These ELCs are required to be licensed by the Florida Department of Business and Professional Regulation’s Employee Leasing Licensing Board. In this arrangement, the ELC becomes the legal employer of the leased employees and is responsible for providing workers’ compensation coverage. 

Contact Berlin Law Firm for a Free Case Evaluation

If you have questions about Florida workers’ compensation laws and how they apply to your on-the-job injury, we are here for you. Our skilled and dedicated team has a deep understanding of these statutes so we can provide injured workers with the trusted legal guidance they deserve.

Reach out to us today to learn more about how we can help you obtain the workers’ compensation benefits you need after suffering a serious on-the-job injury.