Miscellaneous:  Frequently Asked Questions...

 

If you have a general question about "Miscellaneous" that is not answered here,  please submit it to us and we will gladly get back to you with an answer.  

Is the definition of "Employee" the same under Workers Compensation as it is with the IRS?

No.  Workers' Compensation has its' own definition.  It is much more far-reaching in scope.  For the purposes of Workers' Compensation in the State of Florida:

 

“Employee” means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors.

 

“Employee” includes:

 

  • Any person who is an officer of a corporation and who performs services for remuneration for such corporation within this state, whether or not such services are continuous.

  • A sole proprietor or a partner who is not engaged in the construction industry, devotes full time to the proprietorship or partnership, and elects to be included in the definition of employee by filing notice thereof as provided in s. 440.05.

  • All persons who are being paid by a construction contractor as a subcontractor, unless the subcontractor has validly elected an exemption as permitted by this chapter, or has otherwise secured the payment of compensation coverage as a subcontractor, consistent with s. 440.10, for work performed by or as a subcontractor.

  • An independent contractor working or performing services in the construction industry.

  • A sole proprietor who engages in the construction industry and a partner or partnership that is engaged in the construction industry.

Can I charge my employees for the cost of workers' compensation?

No.  According to statute, It shall be unlawful for any employer to knowingly:

 

Make a deduction from the pay of any employee entitled to the benefits of this chapter for the purpose of requiring the employee to pay any portion of premium paid by the employer to a carrier or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter.(440.105(2))

What is a Stop-Work order?

The Division of Workers' Compensation conduct inspections to enforce civil compliance with workers' compensation statutes (chapter 440) and as a result issues Stop-Work orders under the following situations:

 

  • if the employer lacks the required Florida workers' compensation coverage.

  • If an employer understates or conceals payroll, misrepresents or conceals employee duties or otherwise attempts to avoid paying workers' compensation premiums.

 

A Stop-Work Order requires that the employer cease all business operations until such time as the employer provides both proof of compliance and paid all penalties associated with the infraction.

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