Are you facing a workers’ compensation issue? Perhaps you’ve been issued a Stop Work Order?
Since the construction industry is inherently more dangerous than almost any other career field, workers’ compensation issues come up frequently. If your company is facing one, contact an experienced Florida workers’ compensation defense lawyer immediately. At Cotney Construction Law, we bring over 100 years of collective construction law experience to the table and will use it to fight for all that you have built.
Workers’ Compensation Requirements
Florida Statutes, Section 440 outlines the workers’ compensation requirements for construction professionals. They are summarized by the following:
- Construction employers are responsible for requesting evidence of workers’ compensation from contractors on their subcontractors’ behalf.
- Contractors are required to confirm that their subcontractors have provided coverage for their workers or face liability for benefits in the event of an injury.
- Subcontractors are responsible for obtaining coverage for their workers.
Falsely classifying an employee as an independent contractor to the Florida Division of Workers’ Compensation or to your insurance carrier can cost you up to $5,000 per employee. You will be liable for a penalty of up to two times what you would have paid in workers’ compensation premiums during the previous two-year period.
The State does not regard misclassification of employees as an honest mistake, and having a contract that designates an employee as an independent contractor will not influence how they classify the person in question. If you are an employer in the construction industry, it is wise to seek counsel from a Florida workers’ compensation defense attorney if you have any questions regarding employee and independent contractor classification.
Stop Work Orders
“Stop Work Order” are three words no construction professional wants to hear. Being forced to put work on hold is frustrating, as it can result in thousands or even millions of dollars in lost profits.
That said, failing to comply with a Stop Work Order will cost you even more—and perhaps more than just money. Not only can continuing work after a Stop Work Order has been issued cost you $1,000 per day in fines, but it can also subject you to third degree felony insurance fraud charges.
Florida Workers’ Compensation Defense Attorneys
Workers’ compensation is a complex topic and things can go wrong in the blink of an eye.
Workers’ comp disputes are common in the construction industry, so if you have a workers’ compensation issue on your hands, you are certainly not alone. We have defended countless construction professionals and will put our expertise to work for you.
If you would like to speak with a skilled Florida workers’ compensation defense attorney, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.