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First Florida Underwriters Insurance blog

Employer’s Liability in Worker’s Comp Claims

Every employer in the state of Florida, which has four or more employees, is required to have worker’s compensation insurance, except in the construction industry and for government employers, it is one or more employees and in farming, it is five more regular employees or 12 or more seasonal employees.

Florida businesses that have worker’s compensation insurance benefit from Florida’s “exclusive remedy” rule. This rule was upheld in 2015 by the Florida Supreme Court. Under most circumstances, this rule prohibits employees or their surviving family members from suing an employer, if the benefits from worker’s compensation payments for the medical bills, lost wages, and disability or death benefits.

Employer’s Additional Responsibilities

In order to benefit from the limitation that prohibits lawsuits under the Florida Worker’s Compensation program, the employer must accept a worker’s compensation claim from or about an employee, certify that the on-the-job injury or death occurred, and file the claim on a timely basis.

If an employer delays a claim filing, either intentionally or by negligence, the employee or their surviving family can sue the company. Additionally, if there is proof of gross negligence by the employer that was the cause of the accident, an employer may still have a liability issue and may face a lawsuit.

Consult with Your Insurance Broker

Many business owners like to have an Employer’s Liability Insurance policy in addition to worker’s comp insurance. Ask your agent at First Florida Underwriters Inc in Orange Park FL about this. This type of insurance offers extra protection if there is an on-the-job accident, which results in serious injury, disability, or death of an employee. Businesses are not required by law to carry this extra insurance; nevertheless, many businesses want it for additional protection.

Consult with your insurance agent at First Florida Underwriters Inc, serving Orange Park, FL and the surrounding area, about any needs for Worker’s Compensation Insurance and Employer’s Liability Insurance.