Question: As the owner of the business, can I exclude myself from my workers’ compensation policy?

Yes, an individual that is an officer of a corporation can elect to be exempt from workers’ compensation coverage. This will exclude the officer from recovering workers’ compensation benefits, but by doing so, the individual may remove their payroll from the total payroll that is used to compute the premium. Many employers choose to be exempt on their workers’ compensation policies to save money on their premium. Our website has more information on the requirements and the form you need to download and file with the State of Florida. Click here for more information on Officer Exemption from Florida Workers Compensation Insurance.

Question: Will becoming a drug free workplace save me money on my insurance premiums?

Yes, If you implement a drug free workplace program in accordance with the criteria set forth in s440.102 of the Florida Statutes, you may be eligible for a 5 percent premium credit from your insurance carrier on your workers’ compensation insurance premium. In addition to the premium credit, having a Drug Free Workplace Program may make your workplace safer, resulting in fewer accidents, which may reduce your workers’ compensation costs. Click here for more information on the Drug Free Workplace Premium Credit.

Question: Can an employer be liable for double compensation on a workers compensation claim?

 Yes, an employer can be liable for double compensation if a minor child is injured while employed in violation of any of the conditions of the child labor laws of Florida. the employer alone, not the insurance carrier, is liable for up to double the normal compensation as provided by the Workers’ Compensation Law. To receive further infomration regarding the Child Labor Law, call the Child Labor Office at 1-800-226-2536.

Question: Is compensation payable if an employee refuses to use a safety appliance like a hard hat, safety goggles or observe a safety rule?

The workers compensation policy will still cover the injuries, but indemnity benefits (partial wage replacement) may be reduced by 25 percent if the employee knew about the safety rule prior to the accident and failed to observe the rule, or if the employee knowingly chooses not to use a safety appliance which the employer has directed him to use.

Question: If I suspect a business should have workers’ compensation insurance coverage, but it does not, or if I suspect fraudulent activity in a workers’ compensation claim, where do I report this?

Suspected workers’ compensation fraud can be reported directly to the:

Department of Financial Services
Bureau of Workers’ Compensation Fraud
200 E. Gadsden Street, Suite 100A
Tallahassee, Florida 32301

The bureau’s toll free number is 1-800-378-0445. Suspected fraud can also be reported to the Florida Workers’ Compensation Bureau of Compliance’s toll free number at 1-800-742-2214. Anonymous calls are accepted.

You can also fill out the Non-Compliance Referral Form to report employer’s who do not have workers’ compensation insurance coverage. This form can be accessed at the Division’s website at www.myfloridacfo.com/wc/databases.html. This website also has a compliance section where you can check to see if  business has records of carrying workers’ compensation insurance.

Question: What kinds of employee injuries are not covered under workers’ compensation insurance?

Under the current Florida law, workers’ compensation insurance policies do not provide compensation for the following conditions:

- A mental or nervous injury due to stress, fright, or excitement

- A work related condition that causes an employee to have fear or dislike for another individual because of the individual’s race, color, religion, sex, national origin, age, or handicap

- “pain and suffering” has never been compensable in Florida, nor is it compensable in any other state. The employer may not sue an injured worker for causing a catastrophe nor can the injured worker sue the employer for their injury. This trade-off makes it possible for injured workers to receive immediate medical care, at no cost to the injured worker, without any consideration for who was at fault, the employer or the employee. In civil law, negligence must be established through litigation before any compensation is awarded.

- If the injury is caused by the employee’s willful intention to injure or kill himself or another

- If the injury is caused primarily because the employee is intoxicated or under the influence of drugs

- If the injury or death of the employee is covered by the Federal Employer’s Liability Act, the Longshore and Harbor Workers’ Compensation Act, or the Jones Act (if the employee is a seaman or member of a crew).

Question: What kinds of employee injuries are covered under workers’ compensation insurance?

Under Florida law, workers’ compensation insurance covers all accidental injuries and occupational diseases arising out of and in the course and scope of employment. This includes diseases or infections resulting from such injuries. Workers’ compensation insurance also covers death resulting from such injuries within specified periods of time. Even if you do not think an injury is covered, you must still report the injury to your insurance carrier within seven (7) days of your first knowledge of the accident/injury for determination of responsibility.

Question: Who needs workers’ compensation coverage?

In Florida, you need a workers’ compensation insurance policy as a business if:

- Your business is in an industry other than construction and it has four (4) or more employees, full-time or part-time (Corporate officers that have correctly filed exemptions with the state do not count as employees).

- Your business is in the construction industry and you have one (1) or more employees (Corporate officers that have correctly filed exemptions with the state or a member of a limited liability company do not count as employees).

- You are a farmer and have more than five (5) regular employees and/or twelve (12) or more other workers for seasonal agricultural labor lasting thirty (30) days or more.