Florida Workers Compensation Law

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Florida Workers Comp Quick Facts

The following represent the state of the law as of January 1, 2006. Please note that worker's compensation law can be complex and these laws and policies are subject to amendment at any time. If you need help with a worker's compensation issue, please consult a licensed attorney.

Is Worker's Compensation Compulsory? Yes

Are Waivers Permitted? Yes. However corporate officers may elect to be exempt. In the construction industry, no more than three corporate officers may be exempt, and each must demonstrate at least 10% ownership.

Numerical Exceptions: Real estate salespersons and brokers whose earnings are solely commissions are exempt from workers' compensation coverage. Employers in the construction industry with one or more employees are required to carry workers' compensation insurance. Florida statute excludes some individuals from the definition of "employee," including, under certain circumstances, owner-operators of motor vehicles transporting property and passenger vehicle-for-hire drivers.

Choice of Physician: Employee selects a physician from list supplied by carrier or managed care organization when medical care is provided through an authorized managed care arrangement. Employee may petition for a one-time change of physician.

If medical care is provided outside an authorized managed care arrangement, the employer chooses the physician.

Waiting Period For Comp Benefits After Injury: 7 days

Compensation is retroactive if disability continues for what period of time from the date of injury? More than 21 days

Attorney Fees Permitted: 20% first $5,000; 15% second $5,000; 10% on amount received over first 10 years, 5% on balance, statute

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