The recent catastrophic weather event, Hurricane Ian, has caused devastating loss to the state of Florida. As those impacted begin rebuilding their businesses, homes and communities, it’s expected that a number of commercial operations will be traveling to affected areas to assist with the recovery effort. With this in mind, it’s important to ensure these individuals are appropriately covered and protected from possible exposures.
Florida’s Workers’ Compensation Coverage Reminders:
Florida has strict Workers’ Compensation requirements for out-of-state employers, including:
- Any construction industry employer performing work in Florida must have Florida listed in section 3A of their Dec page. This rule is also applicable to insureds who are using their employees from their home state and do not plan on hiring additional workers who already live in Florida.
- “Other states” coverage shown in 3C of the Dec page is not sufficient as many hurricane relief workers are classified in the construction industry. Those not in the construction industry must show Florida in section 3A of the Dec page when working more than 10 consecutive dates or more than 25 total days in a calendar year. We suggest listing FL in section 3A of the Dec page for any out-of-state policyholders working in Florida.
- To add Florida (or any other state) to 3A of the Dec page, you’ll need to provide an endorsement request with payroll and the associated Workers’ Compensation class codes.
- An out-of-state employer should notify their insurance agent immediately that they intend to work in Florida. Florida may issue stop-work orders, levy fines or impose criminal charges if the proper coverage is not in place. Working in violation of a stop-work order will result in a penalty of $1,000 per day. Click here for enforcement procedures.
- Employer coverage requirements are based on the type of industry, the number of employees, and the entity organization. Click here to access specific coverage requirements.
A provision in the Workers’ Compensation policy states, “If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within 30 days.” When an insured’s policy renews, any state where the insured is actively working and has employees permanently located in that state must be listed on the policy. Otherwise, there is no coverage for the states not shown in section 3A of the Dec page.
Florida’s Workers’ Compensation Loss Control Reminders
Employees from a variety of businesses could be exposed to unfamiliar conditions when traveling to post-hurricane damaged areas. This could include flood waters, contamination, downed power lines, 24-hour exposures, and much more. Be sure to caution your clients about shortcutting new employee screening and training in order to meet urgencies. Those perceived short-term gains in responsiveness can lead to long term financial costs and lifelong impairments to their team.
It is very important that insureds maintain high safety standards for their employees. Here is a helpful list of loss control resources that should be considered and implemented for your business operation.
- OSHA Disaster Cleanup and Recovery
- Occupational Safety and Health Administration – Hurricane Preparedness and Response
- OSHA – Flood Preparedness and Response
- Centers for Disease Control and Prevention – Natural disasters and severe weather – Hurricanes
- National Weather Service – Hurricane Safety
Jencap’s expert Workers’ Compensation team is available to answer any questions you may have and make sure disaster doesn’t strike your clients too.
