RetailFirst Insurance | Workers' Compensation Insurance

RetailFirst Workers’ Compensation Insurance

What is workers’ comp insurance?

Workers’ compensation insurance is designed to protect both employees and employers in case of on-the-job injuries. If an employee has a work-related injury or illness, in most cases the employer’s insurance company will pay the injured worker’s medical expenses and a portion of lost wages (if applicable). In exchange, generally the employee will not be able to bring a civil claim against the employer, absent intentional conduct on behalf of the employer.

Why do I need workers’ comp insurance?

Most employers are required by state statute to obtain workers’ compensation insurance coverage.  Qualified employers who do not obtain required coverage and who have an accident occur can be sued in civil court or in the workers’ compensation system. Also, stop-work orders and fines can be levied in addition to injunction and assessments against the employer. Employers who ignore the law and do business without workers’ compensation insurance put their personal and business assets at risk. 

Reference: Sections 440.06, 440.09 & 440.10, Florida Statutes. 

When do I need workers’ comp insurance?

In Florida, if you are in an industry other than construction, and have four or more full-time or part-time employees, you are required to carry workers’ compensation coverage. (Note: an exempted corporate officer does not count as an employee).

Construction
In the construction industry, having one or more employees (including yourself) requires you to carry workers’ compensation coverage (an exempted corporate officer or member of a limited liability company does not count as an employee).

Other
State or local government entities are required to carry workers’ compensation coverage, as well as farmers with more than five regular employees and/or twelve or more other workers for seasonal agricultural labor lasting thirty (30) days or more.

For up-to-date information on workers’ compensation laws and requirements in Florida, visit www.myfloridacfo.com/wc/index.htm.

Reference: Subsection 440.02(17), & section 440.03, Florida Statutes. 

How can I get workers’ comp insurance?

RetailFirst workers’ compensation policies are sold through independent insurance agents that represent us.

If you are unable to qualify for RetailFirst coverage, you may opt to use the Joint Underwriting Association (JUA), http://www.fwcjua.com or to qualify as an individual self-insured. For more information about those options, please contact the Division of Workers’ Compensation at (850) 413-1784, or visit them online at www.myfloridacfo.com/wc/index.htm

What types of injuries are covered by workers’ comp insurance?

Generally, if your employee is injured or becomes ill as a direct result of their job, medical treatment of that injury or illness is covered by workers’ comp. Most of the time it’s fairly easy to determine if an injury is work-related, but sometimes it can be more complicated. 

For example, a person with a preexisting back problem may reinjure their back at work, but the new injury may be related to the original back problem, not the job itself. Only a qualified doctor can decide how much the job contributed to the injury. 

Also, there are rules related to injuries that happen because someone violated company safety procedures, was horsing around on the job, or was under the influence of drugs or alcohol at the time of the injury. In each of these cases, a claim adjustor will review the situation carefully and determine what expenses will be paid according to state law. 

Workers’ comp definitions

Here are some common terms associated with workers’ compensation insurance and their definitions as set-forth in subsections 440.02(1), (7), (13), (19) & (36), Florida Statutes. (For a comprehensive list, visit Florida’s Division of Workers’ Compensation at myfloridacfo.com/wc).

• “Accident” means only an unexpected or unusual event or result that happens suddenly. Disability or death due to the accidental acceleration or aggravation of a venereal disease or of a disease due to the habitual use of alcohol or controlled substances or narcotic drugs, or a disease that manifests itself in the fear of or dislike for an individual because of the individual’s race, color, religion, sex, national origin, age, or handicap is not an injury by accident arising out of the employment. Subject to s. 440.15(5), if a preexisting disease or anomaly is accelerated or aggravated by an accident arising out of and in the course of employment, only acceleration of death or acceleration or aggravation of the preexisting condition reasonably attributable to the accident is compensable, with respect to any compensation otherwise payable under this chapter. An injury or disease caused by exposure to a toxic substance, including, but not limited to, fungus or mold, is not an injury by accident arising out of the employment unless there is clear and convincing evidence establishing that exposure to the specific substance involved, at the levels to which the employee was exposed, can cause the injury or disease sustained by the employee.
• “Compensation” means the money allowance payable to an employee or to his or her dependents as provided for in this chapter.
   
• “Disability” means incapacity because of the injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury.
   
• “Injury” means personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. Damage to dentures, eyeglasses, prosthetic devices, and artificial limbs may be included in this definition only when the damage is shown to be part of, or in conjunction with, an accident. This damage must specifically occur as the result of an accident in the normal course of employment.
• “Arising out of” pertains to occupational causation. An accidental injury or death arises out of employment if work performed in the course and scope of employment is the major contributing cause of the injury or death.