Key Takeaways
- Florida requires workers' compensation for employers with 4+ employees (1+ for construction)
- Workers' compensation provides exclusive remedy for workplace injuries
- Benefits include medical care, temporary disability, permanent disability, and death benefits
- The Division of Workers' Compensation (DWC) under DFS regulates the system
- Failure to provide required coverage is a criminal offense in Florida
Florida Workers' Compensation Insurance
Florida requires workers' compensation insurance for most employers, with specific requirements based on industry and employee count.
Mandatory Coverage
Florida workers' compensation is mandatory for most employers:
Coverage Requirements by Industry
| Industry | Employees Required |
|---|---|
| Non-Construction | 4 or more employees |
| Construction | 1 or more employees |
| Agriculture | 6 or more regular, or 12+ seasonal |
Exam Tip: Construction requires workers' comp with just ONE employee. This is frequently tested.
Who Is Covered
- All employees (full-time, part-time)
- Corporate officers (can exempt themselves)
- Subcontractors without their own coverage
- Leased employees
Exemptions
May be exempt from coverage:
- Sole proprietors (can elect coverage)
- Partners (can elect coverage)
- Corporate officers (up to 4, can exempt)
- Domestic workers in private homes
- Independent contractors (truly independent)
Division of Workers' Compensation (DWC)
The DWC (under DFS) regulates workers' compensation:
DWC Functions
| Function | Description |
|---|---|
| Oversight | Regulates WC system |
| Disputes | Handles benefit disputes |
| Compliance | Enforces coverage requirements |
| Fraud | Investigates WC fraud |
| Self-Insurance | Certifies self-insured employers |
Benefits
Florida workers' compensation provides these benefits:
Benefit Types
| Benefit | Description |
|---|---|
| Medical Care | All reasonable and necessary treatment |
| Temporary Total (TT) | 66⅔% of AWW during recovery |
| Temporary Partial (TP) | 80% of wage difference |
| Impairment Income (II) | Based on impairment rating |
| Permanent Total (PT) | Lifetime benefits for catastrophic injury |
| Death Benefits | To dependents |
Waiting Period
- 7-day waiting period for income benefits
- If disability exceeds 21 days, waiting period paid retroactively
- Medical benefits from day one
Benefit Calculations
| Calculation | Formula |
|---|---|
| Temporary Total | 66⅔% of Average Weekly Wage (AWW) |
| Maximum AWW | Statutory maximum updated annually |
| Impairment | Based on percentage of impairment |
Exclusive Remedy
Workers' compensation is the exclusive remedy for workplace injuries:
What This Means
- Employee cannot sue employer for work injuries
- Benefits are sole source of recovery from employer
- Exceptions: Intentional acts, lack of coverage
- Third-party lawsuits allowed (equipment manufacturers, etc.)
Employer Penalties
Florida penalizes employers who fail to provide required coverage:
Penalties for Non-Compliance
| Violation | Penalty |
|---|---|
| Stop Work Order | Cannot operate until coverage obtained |
| Daily Penalty | $1,000 per day without coverage |
| Criminal Offense | Felony for knowing failure |
| Double Penalty | For repeat offenders |
Warning: Failure to provide required workers' compensation is a criminal offense in Florida.
Obtaining Coverage
Coverage Options
| Option | Description |
|---|---|
| Private Insurance | Purchase from admitted insurer |
| Self-Insurance | Large employers, DWC approval required |
| State Pool | Florida Workers' Comp Joint Underwriting Association |
How many employees trigger workers' compensation requirements for Florida construction employers?
What is the temporary total disability benefit rate in Florida workers' compensation?