Who needs Workers’ Comp Coverage?

  • Construction Employers who have 1 or more employees, including any non-exempt business owners;
  • Non-Construction Employers who have 4 or more employees including any non-exempt business owners;
  • Agriculture – when there are 6 regular employees and/or 12 seasonal workers who work more than 30 days during a season but no more than a total of 45 days in a calendar year

Do I qualify workers comp benefits if I have elected to be exempt?

  • An individual, as an officer of a corporation, who elects to be exempt may not recover workers’ comp benefits. Click on the below link to apply, modify or revoke an exemption. <http://www.myfloridacfo.com/Division/WC/Employer/Exemptions/default.htm#.WP4tvFg2zct>

How long after an accident does an employee have to report it to their employer?

  • You should report it as soon as possible but no later than thirty (30) days or your claim may be denied.

What if an employee refuses to take a drug test?

  • If an injured worker refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity benefits. If an employee or job applicant refuses to submit to a drug test, the employer is permitted to discharge or discipline the employee or may refuse to hire the applicant (if specified in the written Drug-Free Workplace Policy), since, by law, refusal to submit to a drug test is presumed to be a positive test result.

Should we hire a sub-contractor that has a Work Comp Exemption? Who would pay his Work Comp claim in the event of an injury?

  • We would not recommend that you utilize anyone who does not have WC insurance.  If he gets hurt ideally he should file under his personal insurance. However, it would not be difficult for him to make a claim for WC under your insurance if he does not have his own or he could file a civil suit which would be even more costly.  We see this all the time and the company that hired the person is held responsible, if that company does not have WC it goes to the next.  (Ex: You hire a subcontractor to do work for you that has WC coverage, that person/company hires another person that says they have coverage but turns out they don’t.  The company with coverage would be held responsible starting with the subcontractor.)