WORKERS COMPENSATION REGULATIONS IN THE STATE OF FLORIDA Broward County Edition

Transcription

1 WORKERS COMPENSATION REGULATIONS IN THE STATE OF FLORIDA Broward County Edition 1 Hour of Continuing Education Credit Presented by Building Trades Education Services CILB Provider#

2 In Broward County there are no special mandates or ordinances which differ from the State of Florida requirements, but as part of your required CE here in Broward County you must complete this module. Workers Compensation in the State of Florida is regulated under FL Statute 440 and is enforced by the Bureau of Compliance of the Workers Compensation Division of the Florida Department of Financial Services. In the construction industry, if you have 1 or more employees you must provide coverage for them. You can still be exempt yourself but only if you qualify. (see next bullet and the next slide). An officer of a corporation or an LLC is considered an employee and UNLESS they elect to be exempt and apply for (and receive) the exemption they must be covered under workers comp. A sole proprietor or partner is an employee. PERIOD! You MUST carry workers comp on yourself or you can elect to become an S corporation or an LLC but that is your only route to exemption. See next page for an excerpt from the webpage. Notice of workers' compensation law change. The Florida Legislature passed, and the Governor signed into law, CS/HB 941, which amends sections (9) and , Florida Statutes. These amendments will streamline the filing and processing of exemption applications. Effective July 1, 2012, the Division will release the Notice of Election to be Exempt web-based system. This easy to use system will allow applicants to electronically submit applications for, or renewal of their Certificate of Election to be Exempt.

3 Coverage Requirements & Proof of Coverage Need Assistance? Call (850) , or visit us. Coverage Requirements For Employers Chapter 440, F.S., establishes workers' compensation coverage requirements for employers. Construction Industry: An employer in the construction industry who employs one or more part or full-time employees must obtain workers' compensation coverage. Sole proprietors, partners, members of a limited liability company (LLC) who own at least 10% of the business, and corporate officers are considered employees. Corporate officers, and members of an LLC who own at least 10% of the business, may elect to exempt themselves from the coverage requirements of Chapter 440, F.S. A construction industry contractor, who sub-contracts all or part of their work, must obtain proof of workers' compensation coverage or a Certificate of Election to be Exempt from all sub-contractors, prior to work being done. If the sub-contractor is not covered or exempt, for purposes of workers' compensation coverage, the sub-contractor's employees shall become the employees of the contractor. The contractor will be responsible to pay any workers' compensation benefits to the sub-contractor and its employees.

4 Additionally. The Division of Workers' Compensation recognizes the importance of providing stakeholders with more information to assist them in fulfilling their rights and responsibilities under the Workers' Compensation Law. As a result, the Division is pleased to announce three new enhancements that have been added to the Proof of Coverage Database. These enhancements will provide information relating to the number of employees reported for each employer; the governing classification code reported for each employer; and the scope of business or trade(s) listed on Certificates of Exemption. A detailed description of each enhancement is listed below: Total Number of Employees Represents the total number of employees for each employer as reported by the insurance carrier. The total number of employees is displayed for each location reported on the policy. Insurance carriers are required to report the total number of employees for all policies that are issued with an effective date of October 1, 2009 or after. Governing Classification Code Represents the workers' compensation classification code which best describes the business operation and which includes the most payroll generated by the business as reported by the insurance carrier. Scope of Business or Trade Refers to the trade or business activity that best describes the business as reported by the corporate officer. The scope of business or trades are displayed for each Certificate of Exemption. The Certificate of Exemption only applies to the scope of business or trade listed on the certificate. To obtain coverage contact your Insurance Agent, who must be licensed and approved to provide coverage.

5 So, within the specific categories for your trade, you know that there are regulations which clearly and precisely define the scope of your professional license and activities you may perform under that license. There are also some very important additional general requirements. When I say general I mean that they apply to Part I, Part II, Part III and Division 1 and Division 2 Contractors equally. We ll start with Workers Compensation requirements. Simply put, you must have coverage for you and your employees INCLUDING sub-contractors and their employees or hold a valid exemption, which is not exactly as easy as it used to be to get. Let s see what Ch has to say: Evidence of workers compensation coverage. Except as provided in s (5)(d), any person, business organization, or qualifying agent engaged in the business of contracting in this state and certified or registered under this part shall, as a condition precedent to the issuance or renewal of a certificate or registration of the contractor, provide to the Construction Industry Licensing Board, as provided by board rule, evidence of workers compensation coverage pursuant to chapter 440. The failure to maintain workers compensation coverage as required by law shall be grounds for the board to revoke, suspend, or deny the issuance or renewal of a certificate or registration of the contractor under the provisions of s

6 Ch also says: (5)(a) As a prerequisite to the initial issuance or the renewal of a certificate or registration, the applicant shall submit an affidavit on a form provided by the board attesting to the fact that the applicant has : obtained workers compensation insurance as required by chapter 440 public liability insurance, and property damage insurance for the safety and welfare of the public, in amounts determined by rule of the board. The board shall by rule establish a procedure to verify the accuracy of such affidavits based upon a random sample method.

7 Education The Division is offering free classes to educate employers, business owners, licensed contractors and other interested stakeholders who are responsible for assuring that the proper Workers' Compensation Insurance and Safety in the Workplace is a priority. The Division has partnered with the U.S. Department of Labor, Office of Safety and Health Administration (OSHA) and the University of South Florida "Safety Florida Consultation Program" in making these presentations. The training consists of information related to "Workers' Compensation" and "Workplace Safety". Two Types of Training Opportunities are available. Classroom sessions are held in several locations around the state; and Webinars are held once a month. Both seminars and webinars provide the same material and information for participants. Use this link for more information, when you have the time: And finally: It is very important that you note that proper Workers Compensation Insurance AND Safety in the Workplace are priorities. NOW LET S TAKE A LOOK AT SPECIFIC AND PERTINENT SECTIONS OF FS 440 AS THEY APPLY NOT JUST FOR STATE CERTIFIED CONTRACTORS BUT FOR YOU FOLKS IN BROWARD COUNTY WORKING AS COUNTY REGISTERED IN YOUR TRADE.

8 It s always wise to look first at the intent of the legislature. What they had in mind is what drives the law and specifies the reasoning used for each section, including (not by chance)prohibitions and penalties Legislative intent. It is the intent of the Legislature that the Workers Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker s return to gainful reemployment at a reasonable cost to the employer. It is the specific intent of the Legislature that workers compensation cases shall be decided on their merits. The workers compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike. In addition, it is the intent of the Legislature that the facts in a workers compensation case are not to be interpreted liberally in favor of either the rights of the injured worker or the rights of the employer. Additionally, the Legislature hereby declares that disputes concerning the facts in workers compensation cases are not to be given a broad liberal construction in favor of the employee on the one hand or of the employer on the other hand, and the laws pertaining to workers compensation are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either employee or employer. It is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker. Therefore, an efficient and self-executing system must be created which is not an economic or administrative burden. The department, agency, the Office of Insurance Regulation, the Department of Education, and the Division of Administrative Hearings shall administer the Workers Compensation Law in a manner which facilitates the self-execution of the system and the process of ensuring a prompt and cost-effective delivery of payments.

9 Notice requirements. An employer who employs fewer than four employees, who is permitted by law to elect not to secure payment of compensation under this chapter, and who elects not to do so shall post clear written notice in a conspicuous location at each worksite directed to all employees and other persons performing services at the worksite of their lack of entitlement to benefits under this chapter Failure to secure compensation; effect. Every employer who fails to secure the payment of compensation, as provided in s , by failing to meet the requirements of s may not, in any suit brought against him or her by an employee subject to this chapter to recover damages for injury or death, defend such a suit on the grounds that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his or her employment, or that the injury was due to the comparative negligence of the employee.history. s. 6, ch , 1935; CGL 1936 Supp. 5966(6); s. 5, ch ; s. 23, ch ; ss. 4, 124, ch ; s. 21, ch ; s. 43, ch ; s. 56, ch ; s. 52, ch. 91-1; s. 100, ch ; s. 4, ch

10 Coverage. (1) The employer must pay compensation or furnish benefits required by this chapter if the employee suffers an accidental compensable injury or death arising out of work performed in the course and the scope of employment. The injury, its occupational cause, and any resulting manifestations or disability must be established to a reasonable degree of medical certainty, based on objective relevant medical findings, and the accidental compensable injury must be the major contributing cause of any resulting injuries. For purposes of this section, major contributing cause means the cause which is more than 50 percent responsible for the injury as compared to all other causes combined for which treatment or benefits are sought. In cases involving occupational disease or repetitive exposure, both causation and sufficient exposure to support causation must be proven by clear and convincing evidence. Pain or other subjective complaints alone, in the absence of objective relevant medical findings, are not compensable. For purposes of this section, objective relevant medical findings are those objective findings that correlate to the subjective complaints of the injured employee and are confirmed by physical examination findings or diagnostic testing. Establishment of the causal relationship between a compensable accident and injuries for conditions that are not readily observable must be by medical evidence only, as demonstrated by physical examination findings or diagnostic testing. Major contributing cause must be demonstrated by medical evidence only.