The Florida Department of Financial Services, Division of Workers' Compensation, is responsible for ensuring that employers comply with their statutory obligations to obtain workers' compensation insurance coverage for their employees. As a part of their compliance activities, the Division has found a number of healthcare industry employers without the proper workers' compensation insurance. The Division is seeking agents' assistance in ensuring that their clients are aware of the workers' compensation requirements and are in compliance with them.
All non-construction industry employers in the State of Florida who have four or more employees must have workers' compensation insurance coverage for all of their employees.
While corporate officers are defined by law as employees, an officer of an active Florida corporation can apply for an exemption for themselves, providing that they demonstrate ownership in the business. If exempt, as approved by the Division, the corporate officer would not be included in the count of employees.
The Division of Workers' Compensation conducts routine compliance audits of Florida employers, including those in the medical industry, to assure that the proper insurance is in effect. Where an employer is found to be without workers' compensation insurance, a Stop-Work Order is issued. A Stop-Work Order requires the cessation of all business operations until the employer comes into compliance with the coverage requirements and pays the assessed penalty. The penalty assessed is equal to 1.5 times the amount the employer would have paid in premium within the preceding 3-year period or $1,000, whichever is greater.