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Workers Compensation

Visit http://www.fldfs.com/wc/ for updated information:

Who needs Workers' Compensation coverage?

  • 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.

If you have additional questions, contact the Customer Service Unit at (850)413-1601.

What kinds of employee injuries are covered?

The law covers all accidental injuries and occupational diseases arising out of and in the course and scope of employment. This includes diseases or infections resulting from such injuries. The law also covers death resulting from such injuries within specified periods of time. Even if you do not think an injury is covered, you must still file the First Report of Injury or Illness (DWC-1) with your insurance carrier for determination of responsibility within 7 days of your first knowledge of the accident/injury.

 

 

 

 

 

 

 

 

 

 

What injuries are not covered?

 

The law does not provide compensation 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.

  • Reference: Section 440.02(1), Florida Statutes

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).

  • Reference: Section 440.09, Florida Statutes

    As a small business owner, I fail to see how I can be sued by an injured worker if I provide all the necessary care, light duty work, and offer to retrain the employee.

    Under the provisions of Chapter 440, Florida Statutes, an injured worker has two years from the date of the accident to file a petition for benefits with the Division of Administrative Hearings. If an employer is providing benefits and return to work options, that should be sufficient to meet the ultimate goal of returning an injured worker to gainful employment. However, an employer/carrier's definition of "necessary care" and that of an injured worker may differ. When that happens, the injured worker has no remedy except to file a petition for benefits and have a judge of compensation claims determine whether the benefits that are being provided are sufficient, or if additional benefits not being provided are required by Florida law. If the employer is providing benefits, all expenditures must be reported to the employer's workers' compensation insurance carrier for statistical purposes.

 

 

 

 

April 2008

  • The Bureau of Employee Assistance information has been updated, as well as the bureau's district offices

  • The following forms have been updated: DFS-F2-DWC-1a (Wage Statement) and DFS-F2-DWC-30 (Authorization and Request for Unemployment Compensation Information)

  • Florida Stay-at-Work Consortium - Florida’s CFO Alex Sink and the Division of Workers’ Compensation are participating in a national initiative and summit seeking better ways to help sick or injured workers stay at work or return to work sooner--and stay employed. The Florida Summit on Preventing Needless Work Disability, to be held at the Rosen Centre in Orlando on June 1 & 2, 2008, is expected to draw up to 200 healthcare providers, employers, insurers and others seeking to improve the service now delivered by disability benefits and workers’ compensation systems. If you wish to learn more, request an invitation, and or be involved as a sponsor of this unique and extremely important event visit www.60summits.org or call 1-800-319-7425.

  • EDI statistics (paper vs. electronic submissions) updated
     

March 2008

February 2008

January 2008

December 2007

 
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