In a 55-page decision, the Florida Supreme Court on Thursday struck down the prevailing-party attorneys' fees provision of the state's workers' compensation law, finding the mandatory fee structure is an unconstitutional violation of a worker's due process rights.
FCA members are urged to check the status of their Workers’ Compensation insurance policy to confirm that it is in effect and valid. If not, FCA members with four or more employees, including the member, should immediately obtain Workers’ Compensation insurance coverage. Department of Financial Services are currently investigating compliance by employers, including FCA members.
Every employer with four or more employees, regardless of their status of either full or part time, is required by Florida Statute to carry Workers’ Compensation insurance covering on-the-job injuries incurred by any employee. A chiropractic physician who owns a practice as an unincorporated sole proprietor or partner does not count as an employee.1 However, a physician who is an officer and all other officers of an incorporated practice are counted as employees, unless the officers file a notice with the Division of Workers’ Compensation in the Department of Financial Services electing not to be covered as an employee.2
The Department of Financial Services is authorized to investigate employers to determine compliance with requirements relating to Workers’ Compensation coverage. The department is authorized to issue stop work orders on a non-compliant employer and assess a penalty of $1,000 per day against an employer for each day that the employer conducts business operations that are in violation of a stop-work order. Click here for further important discussion on stop-work order, independent contractor and other important considerations.