Workers’ Compensation covers all accidental injuries and occupational diseases arising out of and in the course and scope of employment, including diseases or infections resulting from such injuries. The law also covers death resulting from such injuries within specified periods of time. Even if you do not think an injury is covered, you must still file the First Report on Injury or Illness (DWC-1) with your insurance carrier for determination of responsibility within 7 days of your first knowledge of the accident or injury.
Workers’ Compensation does not provide coverage for the following:
- a mental or nervous injury due to stress.
- a work related condition that causes an employee to have fear or dislike for another individual because of the individual’s race, color, religion, sex, national origin, age, or handicap.
- “Pain and suffering.” The employer may not sue an injured worker for causing a catastrophe, nor can the injured worker sue the employer for their injury. This trade-off makes it possible for injured workers to receive immediate medical care, at no cost to the injured worker, without any consideration for who was at fault, the employer or the employee. In civil law, negligence must be established through litigation before any compensation is awarded.
- If the injury is caused by the employee’s willful intention to injure or kill himself or another.
- If the injury is caused primarily because the employee is intoxicated or under the influence of drugs.
- If the injury or death of the employee is covered by the Federal Employer’s Liability Act, the Longshore and Harbor Workers’ Compensation Act or the Jones Act.
Who needs Workers’ Compensation coverage?*
- If you are in an industry other than construction and have 4 or more employees (full-time or part-time), you are required to carry workers’ compensation coverage. An exempted corporate office does not count as an employee.
- If you are in the construction industry and have 1 or more employees (including yourself), you are required to carry workers’ compensation coverage. An exempted corporate office 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 5 regular employees and/or 12 or more other workers for seasonal agricultural labor lasting 30 days or more, you are required to carry workers’ compensation coverage.
*Do you need Workers’ Comp? We can help!
There are several ways for an employer to obtain workers’ compensation insurance:
- By purchasing a policy from an insurance agent that represents approved insurance companies.
- From the Joint Underwriting Association (JUA) www.fwcjua.com.
- By qualifying as an individual self-insured. Contact the Division of Workers’ Compensation at 850-413-1784.
- An employer may contract with a professional employer organization (employee leasing) that has secured workers’ compensation coverage.
Click here for answers to all your Workers’ Compensation questions!
For more information, visit us at http://www.avanteinsurance.com or call us at 305-648-7070.