Can a Contractor Make You Get Workers’ Comp Coverage in Florida?

If you hire a contractor in Florida, it is important to learn whether or not you have to get Workers’ Compensation for that individual.

General contractors are responsible for ensuring that a subcontractor has the proper Workers’ Compensation. If they don’t do this, general contractors can become liable for the injuries a subcontractor might sustain on the job. That said, general contractors don’t have to buy Workers’ Compensation for subcontractors. Regarding independent contractors, companies don’t have to include 1099 employees on their Workers’ Compensation policies. When hiring a worker for contract work, clients might request that they get Workers’ Compensation even if they are exempt. This is often done to ensure that a client is immune from civil action if a contractor is hurt while completing a project.

To learn about your coverage requirements and find a policy that meets your needs, call the Florida Workers’ Compensation insurance brokers at NPN Brokers at (561) 990-3022.

Can a Subcontractor Make You Get Workers’ Comp Coverage in Florida?

The way that contractors and subcontractors fit into Florida’s Workers’ Compensation system can be confusing, especially regarding coverage requirements. If you’re a general contractor, can a subcontractor make you get Workers’ Compensation? Can you make a subcontractor get Workers’ Compensation?

Suppose you hire a subcontractor as a general contractor. In that case, it is your obligation to ensure that the subcontractor is adhering to Workers’ Compensation requirements. To do this, you can request to see a subcontractor’s proof of insurance to verify that it covers all of the subcontractor’s employees. If the subcontractor is exempt from needing Workers’ Compensation, the general contractor should get a copy of their exemption to confirm that fact. Even if a subcontractor is exempt, their employees might not be, requiring them to have a Workers’ Compensation policy in place.

If a subcontractor does not have Workers’ Compensation when required to, whether for themselves or their employees, they become the employees of the general contractor by default. If you do not do your due diligence as a general contractor, you become responsible for any injuries a subcontractor or their employees might sustain. You will not have to purchase a Workers’ Compensation policy for a subcontractor as a general contractor. That said, you will have to ensure that a subcontractor has the proper Workers’ Compensation insurance in place while working with you.

Can an Independent Contractor Make You Get Workers’ Comp Coverage in Florida?

Independent contractors are only allowed in certain industries in Florida. If your company hires an independent contractor, will you have to include them on your Workers’ Compensation policy?

Independent contractors are not considered regular employees in Florida and, thus, do not have to be covered by a company’s Workers’ Compensation policy. When classifying workers as independent contractors, employers must make sure that they meet Florida’s definition of this type of worker. If they do not, and you wrongly classify them as an independent contractor, you might face penalties for non-compliance with Workers’ Compensation rules.

An independent contractor can’t force a company to get Workers’ Compensation and include them on the policy. Companies might sometimes do this, especially if they want to ensure they will not be sued if an independent contractor is injured. An independent contractor’s ability to pursue civil action against a company depends on the specifics of the present relationship. If you are an independent contractor, it is important to understand that you will likely not be covered by a company’s Workers’ Compensation policy, making it necessary for you to get your own policy to receive benefits in the event of a workplace injury.

Independent contractors are not allowed in the construction industry in Florida. If you hire a person that says they are an independent contractor for construction work, they will most likely be a sole proprietor. In that event, they are still exempt from the Workers’ Compensation system. Sole proprietors acting as independent contractors can get Workers’ Compensation if they wish in Florida.

Can a Client that Hires You for Contract Work Make You Get Workers’ Comp Coverage in Florida?

If you are a contractor working with a client in Florida, they might request that you get Workers’ Compensation even if you are not required to by law. Clients often do this to protect themselves in case an accident occurs during the course of a project.

Sometimes, clients might request that contractors get Workers’ Compensation even if they are not required to according to Florida mandates. Before you do this, make sure that the client does not have a Workers’ Compensation liability themselves. When clients act as general contractors, they can become responsible for ensuring that a Workers’ Compensation policy is in place to protect workers in case of an on-the-job injury.

If you find yourself in such a situation, ask our Florida Workers’ Compensation insurance brokers if a client has an insurance liability. If you are an independent contractor, it may be wise to get Workers’ Compensation so that you have a policy in place as you move from job to job. This can make clients more comfortable hiring you for a project, as you will have workplace liability insurance that protects you and them, and can make you more at ease as you tackle various projects.

Pay-as-you-go coverage might be best when getting Workers’ Compensation as a contractor in Florida. This type of insurance allows your premiums to ebb and flow as your payroll does, meaning if you employ fewer workers throughout the year, your premiums will automatically update to reflect that change. If you employ workers as a contractor, you will likely need to purchase a workplace liability insurance policy in Florida, regardless of whether or not a client asks you to do so.

Call NPN Brokers for Workers’ Comp Coverage in Florida

Call (561) 990-3022 to get a policy quote from the Orlando Workers’ Compensation insurance brokers at NPN Brokers.