What is workers comp and what does it cover?
Workers’ comp is a form of insurance that provides wage replacement and medical benefits for employees who are injured in the course of employment. This protects the employer from lawsuits by an employee who is hurt on the job.
Do I need to carry workers’ compensation for my Florida business?
If you are a construction based business and have 1 employee or non-construction based business with 4 or more employees, you are required to carry work comp insurance. To obtain a quote for your business, click Get a Quote.
Who can exempt themselves from workers’ compensation insurance in Florida?
Any individual that is an officer of a corporation that is registered with the Florida Department of State, Division of Corporations, can elect to be exempt from workers’ compensation coverage. To learn more about exemptions, click here.
What is a Certificates of Insurance for my workers’ compensation policy?
A certificate is simply an informational document issued by an insurance company/agency that provides proof of insurance. The certificate supplies policy information about the type of, and existence of, workers’ compensation insurance coverage. At Work Comp Specialists agency, we offer our clients the ability to print their own certificates “on demand” from their desktop. To get a quote on a policy that will allow you to print your own certificates through our system, click here.
Why is an audit done on my workers’ comp policy?
Every workers’ compensation policy in Florida requires that an audit be completed at the expiration of your policy period to verify actual payroll information versus your estimated payroll for the year. The audit results will determine if you owe additional premium or are due a refund for overpayment.
When is an audit scheduled?
You will be contacted in advance usually by letter to schedule your audit appointment. An audit is usually scheduled within 30-45 days of the expiration date of your policy year. When making your appointment, make certain to obtain the Auditor’s name and phone number. If you need to reschedule your audit appointment, you should call the auditor as soon as possible.
What information has to be provided to an Auditor?
You are required to provide year to date payroll records; quarterly payroll tax reports, cash disbursement journal or business checkbook; general ledger; and Certificates of Insurance, if any, for subcontractors; and detailed job descriptions for your employees.
What is the purpose of an experience mod rating?
The purpose of an experience mod rating is to compare your claims experience to that of your industry, i.e., your report card. An average mod is 1.00. A debit mod will increase premium and a credit mod will reduce your premium. To learn more about MODs, click here.
Why do I have to have an experience mod rating?
An experience mod rating is mandatory and applies to all insurers that qualify for a mod. To qualify for a mod rating, an insured must have had coverage of a minimum premium of $10,000 for one policy period or $5,000 for two consecutive policy periods.
What kinds of employee injuries are covered under Workers’ Compensation for Florida businesses?
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 with your insurance carrier for compensability determination within 7 days of your first knowledge of the accident/injury.
What injuries are not covered under Workers’ Compensation in Florida?
- 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
- 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)
How can an employer 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. 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.
Is compensation payable from a workers’ compensation policy in Florida if an employee refuses to use a safety appliance like a hard hat, safety goggles or observe a safety rule?
Compensation will still be paid, but indemnity benefits (partial wage replacement) may be reduced by 25 percent if the employee knew about the safety rule prior to the accident and failed to observe the rule, or if the employee knowingly chooses not to use a safety appliance which the employer has directed him to use.