An Overview of Florida Workers’ Compensation Law

 

Workers’ compensation is a tricky subject as the law varies from state to state on who is considered an employee as well as what benefits an injured worker is entitled to. Both employers and employees should know the legal requirements of workers’ compensation as well as what steps to take if there is a work injury. A Florida workers’ compensation lawyer can explain these rights. There are various requirements that the employer must comply with to that depend on the industry and size of the business. Let’s examine four categories as it relates to the employer’s requirements.

Construction Industry

The construction industry is usually top-of-mind when it comes to workers’ compensation coverage. This includes sole proprietors and partners. Corporate officers such as those who are a part of a limited liability company can exempt themselves from the coverage requirements. A general contractor that sub-contracts any of its work must either obtain coverage and/or ensure that its sub-contractor has coverage. If the sub-contractor fails to obtain coverage the general contractor is then responsible for providing coverage to that sub-contractor and its employee.

Non-Construction Industry

If you maintain a business in an industry outside of construction and have four or more employees, Florida law requires workers’ compensation coverage. The difference between the construction industry and non-construction industry requirements is that sole proprietors and partners are not considered “employees”. Corporate officers, including members of a limited liability company are considered employees and may elect to exempt from the workers’ compensation requirements.

Agricultural Industry

The agricultural industry is a bit more complicated as the requirements set forth are highly specific. If an employer has six or more regular employees, they must obtain workers’ compensation coverage. Furthermore, if they employ twelve or more seasonal workers who work for more than thirty days, Florida law requires workers’ compensation coverage in the event of a work injury.

Out-of-State Employers

Any employer that works in Florida has to follow the above requirements, even if it is an out-of-state employer. The employer can either obtain Florida workers’ compensation insurance or it can have an endorsement added to the out-of-state policy which would cover injuries that occur in Florida.

If you work within the Miami area, you should contact a Miami workers’ compensation attorney to help organize and file your claim as soon as possible. Many people assume that they can file a lawsuit at any time but Florida requires claimants to file a claim within a certain timeframe. The Law Offices of Jose M. Francisco have extensive experience in obtaining compensation for individuals injured on the job. Contact our office to schedule a free case review today.