Florida Workers Compensation - laws,rules,statutes,state contacts and detailed policy information

State: Florida

Authority/Rating Bureau: NCCI, National Council on Compensation Insurance

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: No State Fund.

Assigned Risk: Assigned risk coverage in Florida provided by the Florida Workers' Compensation Joint Underwriting Association (FWCJUA.) The FWCJUA was created during the 1993 legislative session to provide workers' compensation insurance in the State of Florida to Employers who are required by law to maintain such insurance and who are in good faith entitled to, but who are unable to, purchase such insurance through the voluntary market.

In order to obtain workers' compensation insurance with the FWCJUA, Employers are required to utilize the professional services of a licensed insurance producer that has been authorized to submit applications to the FWCJUA. The FWCJUA has over 800 authorized Agencies with over 1,400 authorized Designated Producers located throughout the state of Florida. No additional cost will be incurred by utilizing the services of an authorized Designated Producer. Contact FWCJUA at:http://www.fwcjua.com/

Numerical Exceptions: If you are in an industry, other than construction, and have four (4) or more employees, full-time or part-time, you are required to carry workers' compensation coverage (an exempted corporate officer does not count as an employee).

If you are in the construction industry, and have one (1) or more employees (including yourself), you are required to carry workers' compensation coverage (an exempted corporate officer or member of a limited liability company does not count as an employee).

If you are a state or local government, you are required to carry workers' compensation coverage.

If 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, you are required to carry workers' compensation coverage.

Individual Waivers Allowed: Yes. However corporate officers may elect to be exempt. In the construction industry, no more than three corporate officers may be exempt, and each must demonstrate at least 10% ownership. See below.

Sole Proprietor: Sole proprietors and partners are automatically excluded from workers' comp; they do not have to get an exemption. If they wish to be covered by workers' compensation, they must file form DWC 251 - Election of Coverage with the Division of Workers' Compensation. If they want to go back to being excluded from workers' comp, they can file form DWC 251R - Revocation of Election of Coverage. EXCEPTION: See below for important contractors exception. $48,900- Annual Minimum (effective 01.01.08)

Partners: Refer to sole proprietor section and contractors section.

Corporate Officers: Officers of a corporation, with ownership in the corporation and who hold an office on its Board of Directors and in non-construction businesses can exempt all of their officers - no limit to number of exemptions. $18,200- Min Annual Payroll (effective 01.01.07)

LLC Members: Florida law does not address nor is there a mechanism in the law for LLC owners of non-construction businesses to receive exemptions. Florida considers LLC Members to be employees if they receive remuneration from the business. Individual insurance companies determine whether to include or exclude LLC owners from workers’ compensation coverage. $18,200- Non-Construction $6,400- Construction

Contractors: Sole proprietors and partners in the construction industry cannot exempt out of workers' comp. Sole proprietors and partners must now purchase workers' comp coverage if they wish to remain working legally. A corporation can exempt up to 3 of its officers however each officer must own at least 10% of the corporation's stock. An LLC can exempt up to 3 of owners (called "managing members") however each one must own at least 10% of the LLC.

Special Notes: None

Regulated By:

Florida Department of Financial Services

200 E. Gaines Street

Tallahassee, FL 32399

800-342-2762

Florida Division of Workers' Compensation

2012 Capitol Circle

SE Hartman Building

Tallahassee, Florida 32399-0680

850-921-6966

http://www.fldfs.com/WC/index.htm

Workers Compensation Statute:

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0440/titl0440.htm

Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.

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WORKERS COMPENSATION CONSULTANT
Voice: (573) 999-6948
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email: rks@workcompconsultant.com

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Florida Workers Compensation Laws

Workers compensation policy information for the State of Florida