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Articles Tagged with workers’ compensation exemption

Many employees lost their jobs due to the COVID-19/Coronavirus pandemic and economic fallout. Many others became “remote” employees overnight. However, there is a large subset of individuals who are still continuing to work at physical locations. Initially, this was limited to “essential” workers, however, at present a large percentage of the labor pool is working at a IMG_6339-493-300x200

physical job site on a daily basis. This creates a lot of concerns for employers in the State of Florida, but also, places enormous pressure on the entire work force. Concerns over health and economics and attempting to balance these two essential tenets, can be a high-stress, anxiety-provoking matter.

Florida issued emergency legislation on federal, state and local levels to increase paid and unpaid sick leave and unemployment insurance benefits for COVID-19-related absences. The true gray area that exists is with regards to employees who contract COVID-19 while working – especially now that the work “place” is a fluid term.

Florida construction workers are either business owners or employees, and most all are required to secure workers’ compensation, which covers benefits for job-related employee injuries. Up to three officers in a single business corporation can obtain a Florida workers’ compensation exemption. However, it’s not allowed for construction businesses that are simply looking to for a way around paying workers’ compensation insurance premiums. More often than not, that’s the case, though our Miami workers’ compensation attorneys have found in these cases, it’s more likely the employer failed to file for a Florida workers’ compensation exemption at all. Florida workers' compensation exemption

Furthermore, even when a company files for Florida workers’ compensation exemption, it does not exempt them from liability under the state’s workers’ comp laws. First of all, as noted by the Florida Office of Insurance Regulation, the state requires all employer/ businesses to purchase workers’ compensation coverage with very few exceptions and stipulates workers’ compensation is the sole remedy for employees who have suffered a work-related injury. In turn, these businesses become immune from most injury lawsuits employees might otherwise be entitled to bring. Workers’ compensation covers benefits like medical expenses, disability and death.

Although the law requires most non-construction industry businesses to secure workers’ compensation if they have four or more employees – including those who work part-time. In the construction industry, you must secure workers’ compensation insurance if you have one or more employees. As our Miami workers’ compensation attorneys can explain, this is due to the fact construction work is well-established to be incredibly risky, and on-the-job injuries tend to be more common than in other professions. The likelihood one will need to claim workers’ compensation is higher. Continue reading ›

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