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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37064
Experience:  30 years in Employment law
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Can someone enlighten me on what the law says about workers

Customer Question

Can someone enlighten me on what the law says about workers compensation in the state of Florida? I have a small business and someone told me that you did not have to have WC until you had 4 employees. I had never heard that before and didnt think they
were correct. can some please set me straight? Thank you Glenn B.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Here is what Florida requires and it varies by industry..

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(###) ###-####

So it varies here, any construction employer has to have coverage, a small business less than 4 employees is njot required to have coverage.

http://www.myfloridacfo.com/Division/WC/Employer/faq.htm#1

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Customer: replied 1 year ago.
Hello Ray, Thank you for your quick response. That clears things up on the 4 employees before you need WC. Guess I was mistaken. However, I do have a question about something that happen to my brother. He and his son are painters. His son has a company (exact structure I'm not sure...I think LLC) anyway my brother does not work for him. He bascially is self employed works with him. At the end of a job they just split the money. One day they were working in a home painting and a WC inspector (i guess that is what you would call him) come in and ask them if they had WC. My nephew had done what is necessary to exempt himself but my brother as just a sole proprietor said he did not have it since it was just him, no employees and was just a painter. End of story they fined him $2500 and demanded that he get WC. Were they allowed to fine him for that violation? and is it a violation and why?
Glenn B.
Expert:  Ray replied 1 year ago.

Sounds like it here, he could incorporate and officer or member of LLC is exempted.This might be a good idea for liability reasons.He should check into incorporating here it is not that expensive.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.Thanks again.