For those owning a business in Florida, worker’s compensation laws are an important topic to understand.
For those working at one of these businesses, the information is equally important. A breach of these rights under the law could lead to legal action. Taken from MyFloridaCFO.com, the following blog identifies workers compensation FAQs you may wish to read.

Florida’s laws covers accidental injuries and occupational diseases arising from the course and scope of employment. The law also covers death resulting from such injuries within specified periods of time. The law does not provide compensation for mental injury or pain and suffering. For additional information on what is or is not covered, refer to Sections 440.02(1) & 440.16 of the Florida Statutes.

Workers’ Compensation Coverage Requirements

Construction Employers with 1 or more employees. See Florida Statutes for list of companies considered to be under this designation.
Non-Construction Employers with 4 or more employees
Both of the above include any non-exempt business owners
Agriculture – Companies with 6 full-time employees and/or 12 seasonal workers

Subcontractors & Workers’ Compensation

A sub-contractor is responsible for providing Workers’ Compensation insurance for their workers
The primary contractor is legally responsible for checking that the sub-contractor has coverage for its workers
Prior to the beginning of the job the contractor must obtain a copy of the “Information Page” of the subcontractor’s workers’ compensation insurance policy; a screen print from the Division of Workers’ Compensation, Proof of Coverage, or Certificate of Liability Insurance.
If the sub-contractor has an exemption, obtain a copy of the exemption or a screen print of the exemption page from the Division of Workers’ Compensation. See Florida Administrative Code
If a sub-contracted worker is injured without being protected, the contractor is responsible for benefits.
For additional information, see Florida Statutes

Information for Out of State Employers

Any out-of-state construction industry employer must notify the insurance company regarding employees working in Florida.
Any construction industry employer with one or more employees performing work in Florida (part or full time) must obtain a Florida policy through a Florida-licensed insurance company.
An out-of-state policy must be written by Florida-licensed insurance company (Florida must be listed in Section 3A)
A non-construction industry employer with 4 or more employees working in Florida is required to obtain a policy through a Florida-licensed insurance company.
For more information on the above, see associated Florida Statutes and Florida Administrative Code.
Out-of-state employers who have extraterritorial reciprocity may allow employees to work under the home state’s workers’ compensation policy providing the work is temporary in nature. (no more than 10 consecutive days in a calendar year, up to a maximum of 25 total)
For more information, see associated Florida Statutes.

Independent Contractors & Workers Compensation

Florida’s workers’ compensation law for construction industry businesses has no provision for independent contractors. The contractor is identified as a business owner or an employee of a business.
In the non-construction industry, there are specific criteria in the Workers’ Compensation law that identifies persons as “independent contractors”.

For Employers – Workers Compensation FAQs

When an employee is injured, the carrier is responsible for providing a notice to the individual outlining their rights and responsibilities. A fraud statement must be signed by the injured worker prior to any indemnity benefits being paid.
It is the employer’s responsibility to pay the entire premium for workers’ compensation insurance coverage. See associated Florida Statutes.
The insurance carrier is required to provide the employer with Form DWC-1 (First Report of Injury or Illness). Forms can also be downloaded from the official site.If you have a disagreement with your employer or insurance provider regarding a workers compensation claim, call the experienced attorneys at Probinsky & Cole.