- Workers' Compensation
For the most part, when an employee is injured at work, they are protected under workers compensation. In the construction industry, workers comp in Florida is mandatory for all businesses, regardless of size, ensuring that all employees are covered for any work-related injuries, with exemptions available only for certain officers or owners who meet strict state criteria. While most businesses in Florida must carry workers comp insurance, some companies are exempt. This blog will discuss which companies do not have to carry workers compensation insurance in Florida. We will also briefly explain your options if your employer doesn’t offer workers compensation.
If you need help with your workers compensation claim or understanding workers comp exemptions, contact our lawyers today for a free consultation!
Who Is Exempt from Carrying Workers Comp Insurance?
Workers compensation requirements mandate that most businesses carry insurance to cover employees for work-related injuries, ensuring financial protection and medical benefits for injured workers, and most companies in Florida carry workers compensation insurance. However, certain businesses qualify for workers compensation exemptions, including:
- Construction industry companies with no employees
- Other businesses with three or fewer employees
- Agricultural companies with fewer than six regular employees or fewer than twelve seasonal workers.
In some cases, officers of a corporation or members of that fit the business classification of limited liability companies (LLC) can apply for a workers compensation exemption. This exemption means they aren’t counted in the number of employees and can’t recover workers comp benefits. Sole proprietors and partners of construction companies are automatically counted as employees and must meet specific criteria to obtain a workers compensation exemption.
However, In Florida, a limited liability company (LLC) can apply for a workers comp exemption for its owners or officers. This exemption allows these individuals to opt out of mandatory workers compensation coverage, provided they submit a Notice of Election to be Exempt and meet specific state criteria. While this exemption reduces the insurance burden for LLCs, it is crucial that all other employees remain covered to ensure compliance with Florida’s workers compensation laws and to protect against potential work-related injuries.
How to Apply for Workers Compensation Exemptions
To be exempt, business owners or officers must submit an exemption application to the Florida Division of Workers Compensation. The exemption application includes a notice of election to be exempt from workers compensation coverage. Applicants must pay an application fee and meet specific requirements set by Florida law. If you need assistance with the exemption process, consult a legal professional.
Some Workers Are Not Eligible for Workers Comp in Florida
Most employees in Florida are eligible to recover workers compensation benefits. However, certain groups of workers are not entitled to workers compensation benefits. These groups include, but are not limited to:
- Casual workers
- Independent contractors
- Domestic workers
- Railroad employees
- Federal employees
Railroad workers and federal employees have special programs designed to protect them after a work-related injury. For many of the other groups, the only option they have is to sue the company they worked for.
Checking If Your Employer Has Workers Comp Coverage
If you want to see if your employer has workers comp coverage, you can do an online search. Visit the Florida Division of Workers Compensation website and look for the “Proof of Coverage Database.” Enter the company name, and if they have insurance, the information should be listed there. If you or your lawyer confirm that they aren’t on the list, you can contact the Bureau of Compliance for more information.
What If Your Employer Doesn’t Have Workers Comp Insurance?
What should you do if you work for a company that isn’t required to offer workers comp insurance? First, confirm that your employer does not offer this insurance. Just because they aren’t required to doesn’t mean they don’t offer coverage.
If they don’t have insurance, you can hire a personal injury attorney to file suit against your employer. If you do this, you can demand the same damages that you would demand in a personal injury lawsuit. In a personal injury lawsuit, your lawyer could demand damages such as:
- Medical bills
- Future medical bills
- Lost wages
- Lost future income
- Pain and suffering
It is rare that the judge would grant punitive damages in this type of case. Your lawyer would have to prove that your employer’s behavior was egregious.
What If an Employer Lacks the Required Coverage?
Chances are, your employer is required to carry workers compensation insurance. If you get hurt at work and learn that they don’t have insurance, you should call a work injury lawyer immediately.
Once your attorney confirms that the company has no insurance, they will take several actions. First, they will file a personal injury lawsuit against your employer. Second, they’ll notify the State that the company doesn’t carry the requisite insurance. If this is the case, the company can be fined or shut down until they can show proof of coverage.
The Impact of Active Stop Work Orders on Workers Compensation Compliance in Florida
Active stop work orders in Florida are issued by the Division of Workers’ Compensation when businesses fail to comply with mandatory workers compensation requirements. These orders immediately halt all business operations until the employer provides proof of coverage or secures the necessary workers comp insurance. In the construction industry, where the risk of work-related injury is particularly high, compliance is critical. Failure to adhere to these requirements not only jeopardizes employee safety but also exposes the business to significant fines and potential legal action. Ensuring that workers compensation policies are in place helps protect both workers and businesses from the severe consequences of non-compliance.
Understanding Workers Compensation Exemption in Florida: Key Differences for Employers
In Florida, understanding workers compensation exemptions is crucial for businesses, especially regarding the number of employees they have. Florida law mandates that most businesses with four or more employees must carry workers compensation insurance to protect their workers in case of a work-related injury. However, specific sectors, such as agricultural companies, face different criteria. Agricultural businesses must provide workers compensation coverage if they have at least six regular employees or twelve seasonal workers working more than 30 days. These distinctions highlight the importance of companies accurately assessing their workforce size to ensure compliance with state regulations. Properly navigating these requirements helps businesses avoid penalties and ensures that their employees are protected under the state’s workers compensation law.
Contact Our Office Today for a Free Consultation!
Most injured workers can turn to workers comp if they get hurt on the job. If your employer is exempt from workers comp, you still have options. The same is true if your employer is supposed to carry insurance but doesn’t. What you should do is call a Clearwater workers comp attorney right away to determine your rights and navigate the complexities of Florida workers compensation law.
Our experienced auto accident and workers comp lawyers can help you recover workers comp benefits and ensure you receive the compensation you deserve. at 954-833-5226 and schedule your free, initial consultation.