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Who Needs Workers Comp?
There are many people in Florida who may need workers compensation insurance. Employees in particularly dangerous areas of work would naturally likely be able to benefit from such a particular form of insurance. However, it is not up to the employee if they are able to receive workers comp. Rather, it is up to the place of employment where the individual works. This is why it was so important that the trade unions make sure that their workers were able to receive this particular form of insurance. Companies in Florida need to pay money each month or quarter to make sure they are covered by their insurance company in the event of an employee related injury or death. Many companies initially did not want to pay for something they thought they should not be responsible for. Not many people or organizations would want to be responsible for the payment of workers comp, when they are not able to receive any of the benefits themselves.

The truth of the matter is, however, that companies are able to prevent themselves from being sued in the event that the company is found to be liable for the injury or death. If they are sued, their insurance company is there to cover the loss. This is important, because if a company is only worth $3 million and they are sued for $5 million, successfully, there is going to be very little that the company may be able to do in order to make up the difference. Instead, it will be very important for the company in Florida to have help and assistance when these types of events occur. Over time, it became clear that many dangerous industries could benefit from offering their employees workers comp. In addition, more people will want to work for individual companies that are interested in offering their employees generous workers compensation insurance packages. This helps to assure the employee that the company knows there are some dangers, and they want to make sure that the employee and their family is taken care of in the event something happens in the workplace.

Benefits of Workers Compensation Insurance
Workers comp is able to protect companies and the individual. This is very important, because it helps ensure that companies and organizations are run in a very safe and effective way. By making sure that individual companies in Florida are forced to take responsibility when a workers compensation claim is filed, it is ensured that workers are taken care of in a reliable and efficient manner. This can also include taking care of the individual’s family, as well. Workers comp packages are most often used when an individual is involved in a type of work that is considered to be dangerous, or when the individual has a greater chance of getting hurt on the job site. When this is the case, it is true that the family is not generally well off. Many people would rationalize that if a family is well off, a member of their family would not need to work somewhere that is considered to be very dangerous. This is why it is so important that the individual is taken care of. There are many families that are relying on just that one person to make a living and take care of them. When they get hurt, they need to make sure that some money will still be getting to them and their family, so they can survive. This is the biggest benefit of workers compensation when it comes to the individual worker.

Many companies in Florida are able to cover themselves and their liability in accidents when it comes to workers comp. This insurance covers the liability of the company, so if something does happen, the company does not suffer financially from needing to pay for the individual’s injuries. Instead, the insurance company does this and that helps the company a great deal, especially when a potentially expensive accident occurs. By having workers compensation insurance, it is possible for a company to continue even after a devastating accident, since they will not have to surrender any of their money. Instead, the workers comp insurance company will.

Florida Workers Compensation Law
Florida Division of Workers' Compensation

On January 1st each year the State of Florida publishes workers’ compensation rates that insurance companies in Florida may charge policyholders. This is often called the “state rate”, the “standard” rate, or the “manual rate” which is equal to a % of each employee's payroll.

Do you need Workers Compensation coverage for your business?
Key Coverage Requirements
Here's what you need to know about Florida Workers Compensation Law coverage requirements. An employer engaged in the construction industry that employs 1 or more part or full time employees or an employer in the non-construction industry that employs 4 or more part or full time employees must have Florida workers’ compensation insurance. Employee includes: Corporate officers, and for construction industry employers, limited liability company members 440.02(9), sole proprietors, and partners. Corporate officers, who for construction industry employers, includes a member of a limited liability company, are eligible to elect to be exempt from the provisions of Chapter 440.
An employer in the construction industry shall require any sub-contractor who sub-contracts work from an employer to provide evidence of Florida workers’ compensation insurance. If the sub-contractor has a valid exemption, then the sub-contractor shall also provide a copy of his or her certificate of exemption to the employer 440.10 (c).

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A change in job duties performed by employees or an increase in the amount of payroll of a business must be reported to the insurance company.

If an employer has secured workers’ compensation coverage for his or her employees by entering into an employee leasing arrangement, the employer must specifically identify coverage for each and every employee. The employer must notify the employee leasing company of the names of all the covered employees and any additional employees that are working on a jobsite that may have been excluded from the employee leasing arrangement. Any change in job duties performed by the employees must also be reported to the employee leasing company.

Division Enforcement Provisions (Section 440.107, F.S.)
The Florida Division of Workers’ Compensation is responsible for enforcing employer compliance with the coverage requirements of the workers’ compensation law. Compliance investigators have the authority to conduct on-site inspections of job sites to ensure employer compliance. Investigators can also request an employer’s business records. An employer must produce the required business records within five business days of the division’s written request for records. If the employer fails to respond to the request within five business days, the division will issue a stop work order upon the employer requiring the employer to cease all business operations in the state.

A stop work order will also be issued to any employer who is required to secure Florida workers’ compensation coverage but fails to do so. A stop work order will also be issued in cases where an employer may have a workers’ compensation policy but understates or conceals payroll, misrepresents or conceals employee duties or fails to utilize Florida’s class codes and workers’ compensation rates.

In order for the division to release a stop work order, an employer must provide evidence that it has come into compliance and has paid the monetary penalty, or entered into a payment agreement with the division.

Key Exemption Eligibility Information

An individual, as an officer of a corporation, who elects to be exempt may not recover workers’ compensation benefits. Eligibility requirements and documentation which must be submitted with the exemption application are detailed in 440.05 and outlined below

Non-construction industry corporate officer:
The corporation must be registered with the Florida Department of State, Division of Corporations- 440.05 (11) **.
The applicant must be listed as an officer of the corporation in the records of the Florida Department of State, Division of Corporations- 440.02 (15) (b) (2). A copy of the relevant occupational license issued in the primary jurisdiction of the business must be provided
There is no limit to the number of corporate officers eligible for exemption
There is no application fee
Construction industry corporate officer, including a member of a limited liability company (LLC) 440.02 (9)
The corporation must be registered with the Florida Department of State, Division of Corporations - 440.05 (11) **.
The applicant must be listed as an officer of the corporation in the records of the Florida Department of State, Division of Corporations - 440.05 (11).
A copy of the relevant occupational license in the primary jurisdiction of the business must be provided - 440.05 (3).
The applicant must own at least 10 percent of the stock of the corporation as evidenced by a stock certificate or in the case of an LLC a notarized statement attesting to the minimum 10 percent ownership - 440.02 (9).
The applicant must list all certified or registered licenses issued to you pursuant to Chapter 489, Florida Statutes
A $50.00 application fee is required - 440.05 (8) (a).
No more than three officers of a corporation (including LLC) or of any group of affiliated corporations (including LLCs) may elect to be exempt 440.02 (15) (b) (2). How to Obtain a Construction Industry Exemption Application
The Notice of Election to be Exempt (for DWC 250) can be obtained from our website at http://www.fldfs.com/WC/forms.html#6. Click on form “DWC 250”. Click on “DWC 250 Instructions” to view the instructions for completing.
Or go to https://apps.fldfs.com/ExemptionCentralization/disclaimer.aspx
For additional information about workers’ compensation exemptions, You can call them directly at 1-850-413-1601.