Attorney answers (2)
Florida requires Employers to provide workers compensation for all non construction employments that have more than four employees. Trucking companies often try to avoid this requirement by characterizing the drivers as either owner/leasees or independent contractors. Your question, to be properly answered, would require more information as to the employment relationship
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In the state of Florida, any employer who has more than 3 employees is required to provide workers' compensation coverage. If it is in the construction industry, than any employer with one employee must provide workers' compensation coverage. The question becomes what is an employee and what is the construction industry. Seems simple, but it isn't. You should consult with a workers' compensation attorney in your area to go over your specific facts to see how the law applies to you.
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Other answers (2)
Jaysun
Answered by a user, almost 3 years ago.
Never mind. I read Paul Morgan's post again and he didn't say anything wrong. My apologies for using the term "gentlemen" when I should have said "gentleman". :)
As for Matthew, you said: "The question becomes what is an employee and what is the construction industry. Seems simple, but it isn't." While you may actually be correct about the determination of who qualifies as an "employee", that is usually pretty simple. I run into very few issues when trying to determine if a person qualifies as an employee. It usually involves LLC members and non-profit board members but, like I said, each carrier tends to have their own rules on these issues. For instance, there is no definitive law on the books right now for excluding or including non-construction LLC members in FL. Its determined by the carrier. Some may just exclude all of them, some may only exclude them if they collect remuneration and some carriers may even let the members choose to opt in or out with a signed statement. But as I explained in my earlier message (ge'ez, I thought I was done after that one. I need to get back to work), the definition of a construction operation vs a non-construction operation can't be mistaken. That list of codes makes it impossible NOT to be able to tell whether or not your in the construction field (bear in mind, though, that that list is a bit out of date. 7601, 7611, 7612 and 7613 have since been made non-construction codes.) And every carrier in the state of florida should be following these rules set down by NCCI 2 people marked this answer as good
Jaysun
Answered by a user, almost 3 years ago.
The two gentlemen above me are half right, but they're still wrong. I'm a workers' comp insurance Underwriter in the state of Florida.
It's true that non-construction companies do not need to carry workers' comp if you have 3 employees or less , including yourself. You can exclude yourself, generally by: A) Starting as a corporation and filing an exemption for yourself with the state B) Start as an LLC C) Start as a sole proprietorship In any of these cases, you will generally not by included in the three max employees. I say "generally" because the rules for LLCs and sole proprietorships can vary from carrier to carrier. The vast majority of the time, though, carriers will consider you automatically excluded from coverage in either of those cases. And, despite what the previous gentleman said about it being tough to determine what is and isn't a "construction" risk. That's false. It's incredibly easy. NCCI mandates what class codes (each type of work is assigned a 4 digit code) are construction and which are non. It's extremely cut and dry. If all you're doing is trucking, that is a non-construction risk, so you would not need WC coverage unless you hired more than 3 people, or hired 3 people and didn't exclude yourself. Link the the form below: http://www.ncci.com/documents/forms_ccpap_fl.pdf If you're a concrete trucker, general freight trucker, specialized frieght trucker of motor vehicle tower, your class code would be 7219, which as you can see from the link is not considered a construction code by NCCI, so you'd be just fine. Hire a 4th employee, though, and it's all over. Better off not hiring any close friends. You may have to lay them off and go with leased employees so you can get insurance. It's nearly impossible for a small trucking operation with no prior WC coverage to get insured. I know I wouldn't insure you :) Hope this helps. Have a nice day :) Find Workers Compensation Lawyers |