Presenter R. Stephen Coonrod Esq. I. Who is required to have workers compensation coverage? Any contractor or subcontractor who engages in construction The state and al public subdivisions All private employments in which four or more employees are employed by the same employer 1
II. What type of employees and employment are excluded from workers compensation? Independent contractors Real estate agents Musical and theatrical performers Owner and operator of a motor vehicle operating under a written contract with the motor carrier II. What type of employees and employment are excluded from workers compensation? Casual employment Volunteers for private entities Certain types of exercise riders Taxi cab or limousine driver operating under a written agreement complying py with Statutory requirements Sports officials for interscholastic sports events. III. Can an employer be responsible for employees he/she does not know about? A contractor who sublets any part of his/her contract work to a subcontractor shall be liable for providing workers compensation coverage to employees of the subcontractor Subcontractors and independent contractors are different entities for workers compensation purposes except in the construction industry 2
IV. What types of injuries are covered by the workers compensation policy? Personal injuries Intentional actions by the employer are not covered V. Consequences of not having workers compensation coverage The loss of workers compensation immunity Significant fines, as well as the imposition of a Stop Work Order 3
VI. Types of injuries and activities covered by workers compensation Going and Coming Rule Employer Premises Traveling Employees VI. Types of injuries and activities covered by workers compensation Personal Comfort Doctrine Injuries Resulting from Idiopathic Causes Recreational or Social Activities Stress and Mental Injuries VII. Injuries caused by criminal Activity or Forces of Nature Employees who are victims of criminal acts Acts of God 4
VIII. Injuries caused by an employee s misconduct Intoxication Injuries resulting from the willful intention of the employee to injure and/or kill himself Aggressor Doctrine and fights at work IX. Special Treatment for certain government employees as a matter of public policy In the case of firefighters, Law Enforcement Officers and Correctional Officers, the development of heart disease, hypertension or tuberculosis is presumed to be work related assuming a condition is disabling and the employee successfully completed a preemployment physical IX. Special Treatment for certain government employees as a matter of public policy. Emergency Rescue or Public Safety Workers and Communicable Diseases A diagnosis of Hepatitis is presumed to be work related if the employee prepares a written Affidavit In the case of meningitis, the condition is presumed to be work related if the employee completes an Affidavit These presumption are not applicable if the employee unreasonably refuses to undergo immunization 5
IX. Special Treatment for certain government employees as a matter of public policy First Responders Complications from Small Pox vaccinations are compensable. The burden of proof for establishing toxic exposure claims is lowered, mental stress claims arecovered and permanent total benefits are increased. X. Interesting and peculiar Provision of Florida Workers Compensation Law Section 440.02(1), Florida Statutes: disability or death due to the accidental acceleration or aggravation of a venereal disease or of a disease due to the habitual use of alcohol or drugs or disease that manifests itself in the fear of or dislike of others is not compensable. Section 440.09(1)(c): Death resulting from a hernia operation by a surgeon Section 440.02(16)(b), Florida Statutes: a homeowner shall not be considered the employer of persons hired by the homeowner to carry out construction X. Interesting and peculiar Provision of Florida Workers Compensation Law Section 440.13(3)(j) claimant has free, full and absolute choice in the selection of a pharmacy or pharmacist Illegal alien lies to gain employment: This does not prevent the illegal alien from recovering workers compensation benefits The Judge of Compensation Claims does not have the authority to enforce orders The workers compensation carrier has a lien against lawsuits filed by the injured worker Section 440.105 and section 440.09(4): Punishment for Fraud. 6
For More Information Contact R. Stephen Coonrod, Esq. scoonrod@mcconnaughhay.com In Tallahassee 850.222.8121 7