Thursday, March 30, 2023

Work Comp. in the News

Happy Thursday, everyone! I honestly cannot believe that April is already next week. But, I am so happy that spring is finally here!

Today, I wanted to share some current updates about workers’ compensation in the news. I often talk about the ins and outs of the practice areas that Marcie specializes in, and now I’d like to show you some real-life explanations and examples.

Earlier this month, two brothers in Jacksonville who work as roofers were charged with tax fraud and failing to pay premiums to work comp. insurers. The brothers controlled 3 companies and “failed to provide adequate workers’ compensation insurance coverage.”

If you remember one of my earlier blog posts, I talked about why it is important that employers and small businesses always carry and maintain a form of work comp. insurance. Check out the work comp. tab on the upper right side of our blog if you need a refresher!

At the beginning of last month, the National Council on Compensation Insurance met and they now are, “requiring Florida workers’ compensation insurers to verify employees before arbitrarily charging premiums for subcontractors’ exempt officers.”

As I have also written about previously, “Florida’s workers’ compensation law allows most companies with three or fewer employees to opt out of insurance requirements. But the law also mandates that in the construction industry, if there is one employee you must have work. comp. coverage. Additionally, in construction, a contractor is responsible for insurance on non-exempt employees of uninsured subcontractors. Subcontractors are not required to provide evidence of workers’ comp coverage if they have no employees and provide a certificate showing that the subcontractor’s officers have elected to be exempt from the coverage requirements.”

The new rule put in place by the Council clarifies that “carriers should not charge an additional premium on the contractor’s policy unless they have filed notice with the Florida Division of Workers’ Compensation that a subcontractor has hired nonexempt employees and has failed to provide evidence of workers’ comp insurance.” This will help avoid unnecessary increases in premiums and ensure that everyone has the proper coverage.

Finally, in January of this year, 7 individuals in Manatee County were arrested for “Failure to Obtain Workers' Compensation Coverage and Unlicensed contracting.” The Sherriff’s office said that the sting was to identify and hold accountable unlicensed contractors who worked without the required contractor license and were engaging in construction class work without the required workers’ compensation insurance exemptions. I have attached the news story link below so you can read the full press release.

Hopefully, this was helpful to see how the rules and concepts of workers’ comp. law can be applied in real life and what it means for you as an employer or an employee. As always, contact our office with any questions or to set up your free consultation with Marcie Baker!

Sources: 

https://www.jacksonville.com/story/news/courts/2023/03/05/feds-charge-jacksonville-brothers-roofers-with-2-8m-payroll-tax-scam/69942792007/ https://www.insurancejournal.com/news/southeast/2023/02/01/705477.htm https://www.mysuncoast.com/2023/01/27/manatee-county-sheriffs-office-makes-arrest-contractorworkers-compensation-fraud-sting/

**The thoughts and information contained in this blog are not legal advice of any form. Please contact our office or an attorney with any legal problems or questions.

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