Florida Worker Compensation Requirements (2018)

Who Must Carry Florida Workers' Compensation Insurance in 2018

In 2018, Florida law required nearly all employers to provide workers' compensation insurance for employees. The only notable exceptions were businesses with fewer than five employees and those that could prove their employees were covered by a private insurer with a Florida license. Employers with five or more employees, regardless of industry, were obligated to obtain coverage through a licensed insurer or the state's Workers' Compensation Board.

Coverage Scope and Limits

Florida's workers' compensation system in 2018 covered medical expenses, temporary disability benefits, permanent disability benefits, and death benefits. The maximum temporary disability benefit was 75% of an employee's average weekly wage, capped at $2,500 per week. Permanent disability benefits varied from 100% of the wage for total disability to a percentage based on the degree of loss for partial disability. Death benefits were limited to $10,000 for each deceased employee, plus a monthly survivor benefit of 50% of the average weekly wage, capped at $500 per week.

Claim Filing and Investigation Process

Employees who sustained a work‑related injury had to file a claim within 30 days of the incident. The employer's insurer would then investigate the claim, often involving a medical examination and documentation of the injury's cause. If the insurer deemed the claim valid, benefits began within 10 business days. If denied, the employee could appeal within 60 days by filing a written request with the Workers' Compensation Board.

Employer Responsibilities and Penalties

Employers were required to maintain proper insurance records, submit payroll data to the state, and pay premiums on time. Failure to comply could result in a penalty of up to $5,000 per violation, mandatory payment of all pending claims, and potential loss of the ability to hire employees in Florida. Employers were also required to provide employees with a written notice of their rights under the workers' compensation law.

Premium Calculation Factors in 2018

Premiums were calculated based on the employer's payroll and the industry's risk classification. High‑risk industries, such as construction or manufacturing, attracted higher rates. The 2018 rates varied from 0.5% to 5% of payroll, depending on the classification. Employers could reduce premiums by implementing safety programs and maintaining a clean record of claims.

Key Resources and Contact Information

Employers and employees could consult the Florida Department of Labor's Workers' Compensation Division website for updated forms, rate tables, and FAQs. For disputes, the Board's adjudication process provided a forum for hearings and appeals.