Orlando Worker’s Comp And Contractors: What You Need To Know

In Florida, workers’ comp covers a contractor’s employees if the conditions of an independent contractor exist.    It is not complicated to determine whether a worker is an employee or an independent contractor, but it can be difficult for employers, especially in construction and agriculture settings.

What Is An Independent Contractor?

Generally speaking, Florida law defines a person as an independent contractor when he or she:

  • Pays his or her own business and travel expenses;
  • Provides his or her own tools;
  • Works for more than one company at a time;
  • Has an opportunity to profit from the work performed, which is not limited by a contractual or another type of obligation to render a specific number of hours of work; and
  • Has control over the time and manner in which he or she performs services.

Here are two examples:

No Workers’ Compensation Applies

In the first example–XYZ Company hires ABC Painting to paint its office building for $10,000. ABC Painting hires subcontractors to do the painting, telling them when and where to show up and when to report back to the job site. The subcontractors use their own tools and buy their own supplies, and they do not receive any assistance from ABC Painting.

ABC Painting does not provide the painters with workers’ comp benefits, which is legal because it has classified them as independent contractors.    And since ABC Painting isn’t included in the workers’ comp requirements, XYZ Company is not required to provide ABC Painting with a certificate of insurance or proof of its own coverage.

Workers’ Compensation Applies

In the second example– The owner of XYZ Tree Service pays his employees an hourly wage and requires them to wear protective gear for their safety on the job site.   XYZ Tree Service provides its employees with workers’ comp benefits and does not pay its employees on a job-by-job basis; instead, it pays them a salary.    This shows that XYZ Tree Service is operating as an employer and its workers are classified as employees.

Were you injured on the job and are confused as to whether or not you’re eligible for Workers’ Compensation benefits in Orlando? Contact Marshall Adler to learn more about how he may be able to help you.

image