It may be illegal for a small business owner in Miami Florida to go without workers’ compensation insurance, depending on the type of business and the number of employees working there. A competent attorney can answer questions regarding a workers’ compensation claim.  The State of Florida requires employers to provide workers’ compensation insurance for their employees with a coverage requirement specific to the type of industry, the number of employees, and the business structure of the entity, as follows:

  • Construction businesses must have insurance if they have 1 or more employees, including business owners, who are officers, or limited liability company (LLC) members.
  • Non-construction businesses must have insurance if there are 4 or more employees, including business owners who are officers, or limited liability company (LLC) members. Sole proprietors and partners are not considered employees, unless they want to be included on the business’s insurance policy, in which case they need to fill out a special form and send it to the Florida Division of Workers’ Compensation.
  • Agricultural business entities must have insurance if there are 6 or more regular employees and/or 12 seasonal workers who work more than 30 days, but less than 45 in a calendar year.
  • Out of state workers have specific requirements based on the type of work they will perform in Florida. If they have insurance, they must notify their home state insurance carrier who may use an extraterritorial reciprocity clause to cover out-of-state employees while working in Florida. If they have no insurance, they must apply for a Florida policy.
  • Contractors who use sub-contractors must have worker’s compensation before beginning a project in accordance with Florida’s Administrative Code.  If a sub-contractor does not have insurance, it is the responsibility of the contractor to pay for benefits related to injuries, illness, or death.

Exceptions.

There are exemptions if an employer meets Florida State requirements for an employer to opt out of insurance coverage, and insurance can be purchased from a commercial provider, or certain businesses may self-insure based on revenue.

Legal action.

Failure to purchase workers’ compensation could result in lawsuits that could wipe out the financial stability of a business, if an injured party sues an employer for the benefits, and brings tort action.  Damages could cost more than purchasing the insurance in the first place.

Stop work order.

A business could be shut down and fined until the situation is corrected under a Stop Work Order.  The Workers Compensation Division must give an employer a chance to supply evidence of coverage, and if they cannot, a penalty of $1,000 a day can be charged.  Once proof of insurance is provided, the business can resume operations.

Time limitations and counsel.

A Florida workers’ compensation claim must be filed within 2 years from the date of, or after the initial 2 years, within one year of the last payment of compensation for medical care and treatment. Contact the Law Offices of Orlando Murillo for a free consultation regarding workers’ compensation concerns with an employer.


Orlando R. Murillo, P.A., Law Offices

7350 SW 89th Street,

Toscano Building Suite 100

Miami, Florida 33156

Phone: 786-530-4288

Phone 24/7 – Cell: 305-439-7851

 

Sources.

https://www.flrules.org/gateway/ruleno.asp?id=69L-6.032

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.02.html

https://www.myfloridacfo.com/division/wc/

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