Who Is Exempt from Workers’ Comp in Florida?

The state of Florida has specific laws regarding which employers must carry  workers’ compensation insurance , as well as which workers are covered. Generally speaking, any business with fewer than four employees is exempt from workers’ compensation insurance.

Businesses with four or more employees, whether those employees work part-time or full-time, must carry workers’ compensation insurance that covers all employees. For the purposes of workers’ compensation, business owners who are also corporate officers (non-sole proprietors) and members of Limited Liability Companies (LLCs) are considered to be “employees,” but sole proprietors and partners of business partnerships are not.

So, if you are an employee of a business with at least three other employees, you are covered by workers’ comp. If, however, your employer has fewer than four employees, you may not be covered.

While this is the general rule for most businesses in Florida regarding workers’ compensation coverage, the state also has industry-specific rules regarding who must provide workers’ compensation and which employees are covered.

Continue reading to learn more, or call  Van Dingenen Law  at  (407) 499-8291  for assistance with your workers’ compensation claim. We offer  free initial consultations ; get in touch with us today!

Florida has specific rules for workers’ compensation coverage within the construction industry and the agricultural industry. If a construction company employs even one employee, it must carry workers’ compensation insurance.

This includes the business owner if the business owner is a corporate officer; it also includes members of an LLC. The state also clearly defines which jobs are classified as being in the construction industry.

These include (but are not limited to):

This is not a complete list; you can view the full list of designated construction industry workers  here.

Contractors across all industries in Florida must make sure that subcontractors have the appropriate and/or required workers’ compensation insurance coverage prior to beginning any work on a project. If the subcontractor does  not  have workers’ compensation insurance, the contractor will be responsible for paying  benefits  if an employee is injured.

Florida also has specific workers’ compensation rules when it comes to the agricultural industry. Agricultural businesses must carry workers’ compensation insurance if they have 6 or more regular employees and/or 12 or more seasonal workers.

In order to qualify, seasonal workers must work for the employer for more than 30 days during a single season, but not more than 45 days in a single calendar year.

The short answer: no. Independent contractors are not considered “employees” and, therefore, are not covered by an employer’s workers’ compensation insurance. In order to be considered an independent contractor according to Florida law, one must pass the  “right to control” test.

This test includes things like how much control the employer has over the details of the work performed, including how it is performed.

It also looks at:

In some cases, an employee may be misclassified as an independent contractor. This could be an honest mistake on the part of the employer but, in many cases, it is an intentional misclassification.

An employer may misclassify employees as independent contractors in order to avoid having to purchase workers’ compensation insurance and provide benefits to injured workers.

The Florida Division of Workers’ Compensation allows employers to file an application to make certain types of workers exempt from workers’ comp coverage. One common example is when a construction company files to make exempt any independent contractors they hire for a project.

If that worker is injured on the job and the exemption application was approved by the Florida Division of Workers’ Compensation, then no workers’ comp coverage would be provided to that worker.

An employer might give you many reasons as to why they filed to make your job position exempt from workers’ compensation coverage. But the underlying truth of whatever they tell you is probably simple: it saves them money.

The more employees a company has, the larger the insurance premium they will pay to the company providing their workers’ comp insurance. If your position can become exempt, then they stand to save money each month.

Your employer should make it clear to you if you have workers’ compensation coverage or not. Yet not all employers will be straightforward. You could get into a workplace accident and only then be told that you have been made exempt from coverage.

At that point, it is highly advised that you speak with a local attorney who knows the law and businesses in your area. If you live in Orlando, then you should make Van Dingenen Law your first choice for legal guidance and representation.

We have more than 25 years of legal experience focused primarily on complex workers’ compensation cases for claimants.  Our representation  has recovered hundreds of millions of dollars in  verdicts and settlements  for injured workers and their families throughout the years. Let us see if we can apply the same caliber of legal service to your workers’ comp case as well.

If you believe you have been misclassified as an independent contractor, or if you need help with any aspect of your workers’ compensation claim or  claim denial , contact Van Dingenen Law via  online form  or call (407) 499-8291 today.

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