Florida Workers Compensation Insurance

Florida workers’ compensation protects employees if they are injured on the job. The benefit can cover medical expenses as well as lost wages. Most businesses in Florida with 4 or more employees are required to carry workers compensation, however you might be required to carry it with less than 4 employees.


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What are the requirements for Florida workers’ compensation?


What can a Florida workers’ compensation policy cover?


What might not be covered under a Florida workers’ compensation policy?


What do I need to apply for Florida workers’ compensation coverage?


How can I save money on Florida workers’ compensation insurance?


What are the requirements for Florida workers’ compensation?

  • Non-construction industry employers with four or more full-time
    or part-time employees. (Note: Non-construction industry sole
    proprietors and partners are not considered employees.)
  • Construction industry employers with one or more full-time or parttime
    employees.
  • Farmers with five or more regular employees and/or 12 or more
    seasonal employees who work for more than 30 days.
  • Construction industry employers must also ensure all subcontractors
    have coverage or a valid exemption.
  • An employer covered through an employee leasing company
    must have coverage for every employee and promptly advise of any
    change in job duties or any personnel not included in the leasing
    arrangement.
  • Any change in employees’ job duties or payroll increase must be
    reported to the insurer.

Source: Florida Department of Financial Services.

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What can a Florida workers’ compensation policy cover?

Medical Benefits:

An employer is responsible for providing medical treatment through an insurance carrier which includes, but is not limited to, the following:

  • An authorized primary doctor and specialist(s) when medically necessary
  • All authorized medically necessary care and treatment related to the injury such as:
    • Doctor visits
    • hospitalization
    • physical therapy
    • medical tests
    • prescription drugs
    • prostheses
    • Mileage reimbursement for travel to and from an authorized doctor and the pharmacy

    Lost Wages and Other Monetary Compensation:

    The rate, amount, and the duration of compensation for all disability benefits are detailed in the workers’ compensation law.

    Temporary Disability Benefits

    There are two types of temporary disability benefits that may apply during employee recovery, to make up for some of their lost wages:

    • Temporary total disability (TT):
      • If the doctor says the employee cannot work, because of their work-related injury or illness, they should receive money equaling 66 2/3% of their regular wages at the time they were hurt, subject to a statewide maximum reimbursement amount.
      • They do not receive temporary disability benefits for the first 7 days of disability, unless they are disabled more than 21 days due to the work-related injury as determined by the authorized doctor.
      • Certain severe injuries may entitle them to 80% of their regular wages for up to 6 months after the accident.
    • Temporary partial disability (TP):
      • When the doctor states they are able to return to work with restrictions, they may be eligible to receive Temporary Partial Disability Benefits if they are unable to earn 80% of the wages they were earning at the time of the accident.

      An employee can receive up to a total of 104 weeks of temporary disability benefits.

      Permanent Total Disability Benefits (PT)

      If after reaching Maximum Medical Improvement an employee’s injuries are so severe, as defined by law, that they are left permanently unable to
      work, they may receive permanent total disability benefits.

      Death Benefits

      If a work-related death occurs within one year of the date of accident or five years of continuous disability, the following benefits may be due and payable up to a maximum total of $150,000:

      • Funeral expenses up to $7,500
      • Compensation to dependents, as defined by law
      • Educational benefits to the surviving spouse

      Vocational Rehabilitation Assistance:

      If an employee is unable to return to their job because of permanent work restrictions resulting from their on-the-job injury, they may be eligible to receive assistance from the Workers’ Compensation Vocational Rehabilitation Section of the Florida Department of Education.

      Source: Florida Department of Financial Services.

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      What might not be covered under a Florida workers’ compensation policy?

      The law does not provide compensation, in Florida, 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.

      Florida workers compensation will not be paid in several other instances:

      • 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 injured worker is a "seaman" or member of a crew).

      Source: Florida Department of Financial Services.

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      What do I need to apply for Florida workers’ compensation coverage?

      All of the following information for each officer and employee will be helpful when applying for Florida workers’ compensation:

      • Name. The full names of each officer of the company as well as each employee.
      • Date of birth. This is needed for each officer and employee.
      • Social security number. This is required for each officer and employee.
      • Job description. A thorough job description for each individual is extremely helpful in determining the correct classification for each employee and officer.
      • Payroll. The total payroll for each officer and each employee is used to calculate your workers’ compensation premium.
      • Loss runs. A loss run can be ordered from your current insurance company. It details any claims you may have had. If this is a new venture or you were not required to carry workers’ compenstation in the past, a loss run is not required.

      If the officers of the company are filing for workers’ comp exemptions, the state of Florida database must be updated or the carriers will include you until such time as your filing has been approved and updated.

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      How can I save money on Florida workers’ compensation insurance?

      • The best way to save money on workers’ compensation insurance in Florida is to get quotes from an expert. We have access to top Florida workers’ compensation insurance companies and shop their rates to see who has the best offer. We know what factors will get you the best rates. Get a quote now!
      • On the job safety. Certain safety courses in your workplace may provide discounts on your Florida workers’ compensation policy.
      • Size of premium discount. Most carriers will offer a discount on larger Florida workers’ compensation policies.

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      Serving all of Florida, including Tampa, St Petersburg, Orlando, Jacksonville, Miami, Tallahasse, Fort Lauderdale, Fort Myers, Cape Coral, Pembroke Pines, Dade City, Wesley Chapel, Zephyrhills

      Disclaimer: This is only an example of how coverage could apply and does not represent any guarantee of coverage. This site contains general information relating to Florida workers compensation insurance and is not intended to be a substitute for the law.

 

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