What is the Penalty for Not Carrying Workers’ Compensation Insurance in Florida

It seems like we are getting calls every day from physician and dental offices which are facing fines and penalties because investigators discover that they don’t carry Florida Workers’ Compensation Insurance. State investigators conduct routine job-site inspections of physician and dental offices to ensure compliance with the Florida Workers’ Compensation law. When a physician or dentist employer is operating without the required Workers’ Compensation coverage, civil enforcement action is taken immediately. According to Workers’ Compensation fraud investigators with the State of Florida, these physician and dental practices face hefty fines and penalties for not carrying Workers’ Compensation coverage for their employees. It is illegal in the state of Florida for physician or dental practices to not carry Workers’ Compensation insurance if required.

A physician or dentist is required to carry Workers’ Compensation Insurance if:

  • They have four (4) or more employees, full-time or part-time. An exempted corporate officer does not count as an employee.

If you, as a physician or dental employer, are inspected and cannot show proof of Workers’ Compensation coverage, civil enforcement action is taken. You will be subject to a Woorkers’ Compensation penalty equal to two times the amount you should have paid within the preceding two year period (based on your Workers’ Comp code). The fine is usually required to be paid within 90 days and some payment plans are available. Additionally, a Stop-Work Order (SWO) may also be issued if a physician or dental employer:

  • Understates or conceals payroll in an attempt to reduce the Workers’ Compensation premium;
  • Misrepresents or conceals employee duties in an effort to secure a lower Workers’ Compensation physician or dental classification;
  • Otherwise attempts to avoid paying workers’ compensation premiums.

Remember that it is against the Florida Workers’ Compensation law for a physician or dental employer to:

  • Work without Workers’ Compensation Insurance when required to do so;
  • Work in violation of a Stop-Work Order;
  • Make a false statement for the purpose of obtaining Workers’ Compensation insurance coverage or to reduce Workers’ Compensation premiums;
  • Fail to report an injury to the Workers’ Compensation insurance carrier;
  • Discharge or threaten to discharge an employee for filing or attempting to file a Workers’ Compensation claim;
  • Deduct the Workers’ Compensation premium from an employee’s pay;
  • Misclassify an employee as an independent contractor for the purpose of avoiding paying the proper Workers’ Compensation premium.

A Florida Workers’ Compensation policy can be issued in as little as 24 hours. Contact us today and avoid costly penalties and possible felony charges.

John Gracey Backer, CPA
John Gracey Backer, CPA

John Gracey Backer, CPA, is the Treasurer of Gracey-Backer, Inc., an Insurance Agency in Delray Beach, Florida specializing in All Lines of Malpractice, Professional and Personal Insurance for the Healthcare Provider. He can be contacted at (561) 404-5828, or at john@gbifl.com.

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