Division of Workers' Compensation
Frequently Asked Questions
Employers FAQ
- Who needs Workers' Compensation coverage?
- How does an employer obtain workers' compensation
insurance?
- Where do I get a supply of the injury report forms
that I am required to complete when one of my employees is injured?
- Who can I contact with questions or concerns
regarding risk classification codes and premium amounts?
- Does the injured worker pay any part of my workers'
compensation insurance premium?
- What kinds of employee injuries are covered?
- What injuries are not covered?
- Can an employer be liable for double compensation?
- As a small business owner, I fail to see how I can
be sued by an injured worker if I provide all the necessary care,
light duty work, and offer to retrain the employee.
- If I suspect an employer should have Workers'
Compensation insurance coverage, but does not, or if I suspect
fraudulent activity in a workers' compensation claim, where do I
report this?
- What in the system would prevent an injured
worker, who wanted to leave his employer anyway, from claiming to be
hurt, waiting out the treatment, still claiming to be hurt and then
trying to settle?
- Is compensation payable if an employee refuses to
use a safety appliance like a hard hat, safety goggles or observe a
safety rule?
- Will becoming a drug-free workplace save me money
on my insurance premiums?
- Am I required to become a carrier certified
drug-free workplace?
- Under the Workers' Compensation Drug-Free
Workplace Program, can I conduct random drug testing of my
employees?
- Can I use a breathalyzer as a valid drug testing
method?
- What if an employee refuses to take a drug test?
- If a terminated employee files for unemployment
compensation benefits, may I inform the adjudicator that the
employee was terminated as a result of a positive drug test?
- Can I post the results of my employees' drug
tests?
- Am I responsible for payment for services when my
employee participates in an Employee Assistance Program (EAP)?
- How many days does the employee have to re-test
the specimen if he or she wishes to contest a positive test result?
- Who pays for the drug test?
Who needs Workers' Compensation coverage?
- If you are in an industry, other than construction, and have
four (4) or more employees, full-time or part-time, you are required
to carry workers' compensation coverage (an exempted corporate
officer does not count as an employee).
- If you are in the construction industry, and have one (1) or
more employees (including yourself), you are required to carry
workers' compensation coverage (an exempted corporate officer or
member of a limited liability company does not count as an
employee).
- If you are a state or local government, you are required to
carry workers' compensation coverage.
- If you are a farmer, and have more than five (5) regular
employees and/or twelve (12) or more other workers for seasonal
agricultural labor lasting thirty (30) days or more, you are
required to carry workers' compensation coverage.
If you have additional questions, contact the Customer Service Unit
at (850)413-1601.
- Reference: Section
440.02(17), Florida Statutes.
How does an employer obtain workers'
compensation insurance?
You have several options:
- By purchasing a policy from an insurance agent that represents
approved insurance companies.
- From the Joint Underwriting Association (JUA),
http://www.fwcjua.com/locator.asp
- By qualifying as an individual self-insured; for additional
information, contact the Division of Workers' Compensation at
(850)413-1798.
- Or, an employer may contract with a professional employer
organization (employee leasing) that has secured workers'
compensation coverage.
- Reference: Section,
440.02, Florida Statutes
Where do I get a supply of the injury
report forms that I am required to complete when one of my employees is
injured?
Your insurance carrier is required to provide you a supply
of the Form DWC-1 First Report of Injury or Illness. Forms can also be
downloaded from the Florida Workers' Compensation web site
Rules & Forms page.
Who can I contact with questions or
concerns regarding risk classification codes and premium amounts?
Call your insurance carrier or service representative. If
you have a dispute regarding the risk classification codes, you can call
the
National Council on Compensation
Insurance
(NCCI) at 1-800-622-4123.
- Reference: NCCI 1-800-622-4123
Does the injured worker pay any part of my
workers' compensation insurance premium?
The law is very specific on this point. It is the
employer's responsibility to pay the entire premium for workers'
compensation insurance coverage.
- Reference: Section
440.105(4)(a)(2), Florida Statutes
What kinds of employee injuries are
covered?
The law covers all accidental injuries and occupational
diseases arising out of and in the course and scope of employment. This
includes diseases or infections resulting from such injuries. The law
also covers death resulting from such injuries within specified periods
of time. Even if you do not think an injury is covered, you must still
file the First Report of Injury or Illness (DWC-1) with your insurance
carrier for determination of responsibility within 7 days of your first
knowledge of the accident/injury.
What injuries are not covered?
The law does not provide compensation for the following
conditions:
- a mental or nervous injury due to stress, fright, or excitement;
- a work related condition that causes an employee to have fear or
dislike for another individual because of the individual's race,
color, religion, sex, national origin, age, or handicap;
- "pain and suffering" has never been compensable in Florida, nor
is it compensable in any other state. The employer may not sue an
injured worker for causing a catastrophe nor can the injured worker
sue the employer for their injury. This trade-off makes it possible
for injured workers to receive immediate medical care, at no cost to
the injured worker, without any consideration for who was at fault,
the employer or the employee. In civil law, negligence must be
established through litigation before any compensation is awarded.
- Reference: Section
440.02(1), Florida Statutes
Compensation will not be paid in several other instances:
- if the injury is caused by the employee's willful intention to
injure or kill himself or another;
- if the injury is caused primarily because the employee is
intoxicated or under the influence of drugs;
- if the injury or death of the employee is covered by the Federal
Employer's Liability Act, the Longshore and Harbor Workers'
Compensation Act, or the Jones Act (if the injured worker is a
"seaman" or member of a crew).
- Reference: Section
440.09, Florida Statutes
Can an employer be liable for double
compensation?
An employer can be liable for double compensation if a
minor child is injured while employed in violation of any of the
conditions of the child labor laws of Florida. The employer alone, not
the insurance carrier, is liable for up to double the normal
compensation as provided by the Workers' Compensation Law. To receive
further information regarding the Child Labor Law, call the Child Labor
Office at (800)226-2536.
- Reference: Section 440.54, Florida Statutes
As a small business owner, I fail to see
how I can be sued by an injured worker if I provide all the necessary
care, light duty work, and offer to retrain the employee.
Under the provisions of Chapter 440, Florida Statutes, an
injured worker has two years from the date of the accident to file a
petition for benefits with the
Division of Administrative Hearings. If an employer is providing
benefits and return to work options, that should be sufficient to meet
the ultimate goal of returning an injured worker to gainful employment.
However, an employer/carrier's definition of "necessary care" and that
of an injured worker may differ. When that happens, the injured worker
has no remedy except to file a petition for benefits and have a judge of
compensation claims determine whether the benefits that are being
provided are sufficient, or if additional benefits not being provided
are required by Florida law. If the employer is providing benefits, all
expenditures must be reported to the employer's workers' compensation
insurance carrier for statistical purposes.
If I suspect an employer should have
Workers' Compensation insurance coverage, but does not, or if I suspect
fraudulent activity in a workers' compensation claim, where do I report
this?
Suspected workers' compensation fraud can be reported
directly to the Department of Financial Services, Bureau of Workers'
Compensation Fraud, 200 E. Gadsden Street, Suite 100A, Tallahassee,
Florida 32301, or to the bureau's toll free hotline number at
1-800-378-0445. Suspected fraud can also be reported to the Florida
Workers' Compensation,
Bureau of Compliance's toll free
hotline at 1-800-742-2214. Anonymous calls are accepted. You can also
fill out the Non-Compliance Referral Form to report employer's who do
not have workers' compensation insurance coverage. This form can be
accessed at the Division's website at
www.myfloridacfo.com/wc/databases.html.
- Reference: Section
440.1051, Florida Statutes
What in the system would prevent an
injured worker, who wanted to leave his employer anyway, from claiming
to be hurt, waiting out the treatment, still claiming to be hurt and
then trying to settle? It would not cost him anything but a few hours to
do this and he would have nothing to lose.
By law, pain or other subjective complaints alone, in the
absence of objective relevant medical findings, are not compensable.
However, sometimes these types of claims do occur and they are sometimes
settled by insurance carriers for a nominal amount of money to rid the
employer/carrier of a nuisance case.
- Reference: Section
440.09(1), Florida Statutes
Is compensation payable if an employee
refuses to use a safety appliance like a hard hat, safety goggles or
observe a safety rule?
Compensation will still be paid, but indemnity benefits
(partial wage replacement) may be reduced by 25 percent if the employee
knew about the safety rule prior to the accident and failed to observe
the rule, or if the employee knowingly chooses not to use a safety
appliance which the employer has directed him to use.
- Reference: Section
440.09(5), Florida Statutes
Will becoming a drug-free workplace save
me money on my insurance premiums?
If you implement a drug-free workplace program in
accordance with the criteria set forth in s.440.102, Florida Statutes,
you may be eligible for a 5 percent premium credit from your insurance
carrier to your workers' compensation insurance premium. In addition to
the premium credit, having a Workers' Compensation Drug-Free Workplace
Program may make your workplace safer, resulting in fewer accidents,
which may reduce your workers' compensation costs.
Am I required to become a carrier
certified drug-free workplace?
Becoming a carrier certified drug-free workplace is
voluntary. However, without the certification, you would not be eligible
for any of the benefits provided under this program.
Under the Workers' Compensation Drug-Free
Workplace Program, can I conduct random drug testing of my employees?
In addition to the situations in which testing is
mandatory, the law does not prohibit a private employer from conducting
random testing or any other lawful testing of employees. A public
employer may institute random testing of employees in "safety sensitive"
or "special risk" occupations.
Can I use a breathalyzer as a valid drug
testing method?
Under the Workers' Compensation Drug-Free Workplace
Program, the use of a breathalyzer cannot be used as a testing method
for initial or confirmation tests.
What if an employee refuses to take a drug
test?
If an injured worker refuses to submit to a test for drugs
or alcohol, the employee may forfeit eligibility for medical and
indemnity benefits. If an employee or job applicant refuses to submit to
a drug test, the employer is permitted to discharge or discipline the
employee or may refuse to hire the applicant (if specified in the
written Drug-Free Workplace Policy), since, by law, refusal to submit to
a drug test is presumed to be a positive test result.
If a terminated employee files for
unemployment compensation benefits, may I inform the adjudicator that
the employee was terminated as a result of a positive drug test?
The adjudicator is bound to maintain this information
confidential under s.443.1715(3)(b), Florida Statutes, until introduced
into the public record pursuant to a hearing conducted under
s.443.151(4), Florida Statutes. Under all other instances employers may
not release any information concerning drug test results obtained
pursuant to section s.440.102(8),
Florida Statutes, unless such release is compelled by an administrative
law judge, a hearing officer, or a court of competent jurisdiction or is
deemed appropriate by a professional or occupational licensing board in
a related disciplinary proceeding.
Can I post the results of my employees'
drug tests?
All information, interviews, reports, statements, memoranda
and drug test results, written or otherwise, received by the employer
through a drug testing program is confidential and cannot be posted in
any public manner.
Am I responsible for payment for services
when my employee participates in an Employee Assistance Program (EAP)?
No, but if you choose to pay for an Employee Assistance
Program, you have the right to choose the facility providing treatment.
If an employee does participate in an Employee Assistance Program, you,
the employer, are required to extend the same considerations as
reflected under the federal guidelines established for the Americans
with Disabilities Act and the Family and Medical Leave Act.
How many days does the employee have to
re-test the specimen if he or she wishes to contest a positive test
result?
During the 180 day period after written notification of a
positive test result, the employee who has provided the specimen shall
be permitted by the employer to have a portion of the specimen
re-tested, at the employee's expense, an Agency for Health Care
Administration (AHCA) licensed or a USHHS certified laboratory of his or
her choice.
Who pays for the drug test?
The employer is responsible for payment of all drug tests
they may require. However, if an employee wishes to have the specimen
re-tested at a laboratory certified by the Agency for Healthcare
Administration (AHCA), it will be at the employee's expense. If the
workers' compensation insurance carrier uses a positive test result to
determine the compensability of a claim, the carrier would be
responsible to cover the costs of the test.
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