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The Mysteries of Florida Work Comp

The Mysteries of Florida Work Comp
Tampa, Florida -10/25/2017 Riskywire – A newsletter of Nusurance Corp
Probably the most questions I get for Commercial Insurance is about Workers Compensation. I know that a few of you’ll who are getting this newsletter for the first time asked one of the questions I plan to address.
“ I have exempted myself from workers comp but my contractor will not accept it, Why NOT?”
The answer may not be palatable to many of you but it is the truth. Most everyone uses the term “Worker’s Comp Insurance” but in truth Worker’s Comp encompasses not one but two coverages. Workers compensation coverage and Employers Liability.
To explain this we must go back to English common law that in essence says if the Employer provides “statutory “ benefits to its injured employees, the employee is bared (with few exceptions) to file suit against the employer.  When you are signing the State Exemption you are agreeing to take care of yourself and you agree to hold your employer “harmless“
That exclusion indeed takes care of the Work Comp, for a problem for the employee. BUT what it does not address the fact that a spouse, significant other or even a third party you have a constructional relationship can and will sue the employer for your injury.
Nusurance works with many contractors that work for mega cable companies, and it seems that the larger the contractor, and the more or smarter the attorneys the more they realize that the Work Comp Exclusion will not help should the spouse sue.  Because Florida  Statute 440.10 in part states that the primary contractor is responsible for any subcontractors who are injured and have no work comp insurance, this gives the green light to the spouse or other third party, to sue the primary contractor.

Have a question on your business insurance – Call me – Christopher Kazor, CIC – 813.514.6982

This entry was posted on Saturday, October 28th, 2017 at 5:06 pm and is filed under Riskywire. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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