Florida Workers Compensation: Statutes and Requirements

Florida’s Workers Compensation system is designed as a no-fault system. This means that an injured employee does not have to prove the employer was negligent to receive benefits, and in exchange, the employer is granted exclusive remedy protection, which generally shields them from civil lawsuits regarding workplace injuries. For candidates preparing for the complete FL 2-20 exam guide, understanding the statutory thresholds and definitions is critical.

The law is intended to be self-executing, ensuring that workers receive medical care and partial wage replacement quickly after an industrial accident. To master this section of the exam, you must memorize the specific numerical requirements for different industries and the nuances of who is considered an 'employee' versus an 'independent contractor'.

In Florida, the definition of an employee is broad but specific. It includes every person engaged in any employment under any appointment or contract of hire. However, there are significant distinctions regarding corporate officers and sole proprietors:

• Corporate Officers: In non-construction industries, corporate officers are considered employees but may elect to be exempt. In the construction industry, up to three officers may exempt themselves if they own at least ten percent of the corporation.
• Sole Proprietors and Partners: These individuals are NOT considered employees by default in non-construction industries but can elect to be covered by filing a form with the Division. In construction, they are automatically considered employees and cannot exempt themselves unless they meet specific officer criteria.
• Independent Contractors: Generally not covered, provided they meet the multi-part legal test for independence (control over work, providing own tools, etc.). However, in the construction industry, an independent contractor is legally treated as an employee of the contractor unless they have their own valid workers' comp policy.

For those looking to test their knowledge on these definitions, visit our practice FL 2-20 questions.

When an injury results in a loss of wages, the statute provides for several classes of indemnity benefits based on the severity and duration of the disability:

• Temporary Total Disability (TTD): Paid when the employee cannot work at all. Benefits are typically 66 2/3% of the Average Weekly Wage (AWW), though certain 'catastrophic' injuries may qualify for 80% for a limited duration.
• Temporary Partial Disability (TPD): Paid when the employee can return to work with restrictions but cannot earn at least 80% of their pre-injury wage.
• Permanent Impairment Benefits: Paid once the employee reaches Maximum Medical Improvement (MMI) if there is a lasting physical loss, based on an impairment rating.
• Permanent Total Disability (PTD): Reserved for the most severe injuries (e.g., blindness, loss of limbs) that permanently prevent any form of gainful employment.