Workers’ compensation is an issue the State does not take lightly. The topic is governed by an extensive set of rules and regulations outlined in Section 440.10 of the Florida Statutes. It is judicious for any employer to familiarize themselves with these laws; however, things can go wrong for even the most astute business owners. If you have found yourself in need of a workers’ compensation employer defense firm in Florida, we are here to defend you.
Stop Work Orders
Have you been issued a Stop Work Order?
A Stop Work Order is a civil financial investigation conducted by the State. Essentially, it is a tool that the Florida Division of Workers’ Compensation, a part of the Florida Department of Financial Services, uses to halt your business’s work activities until you have paid your penalties and obtained appropriate workers’ compensation insurance coverage. Depending on the case, your attorney may be able to negotiate an incremental payment plan that allows you to resume business operations earlier.
Adhering to the order is critical; failure to comply will result in additional penalties of up to $1,000 per day.
Employee vs. Independent Contractor
One of the most important things to realize is that the State precisely defines the role of an employee. It is not up to an employer to deem someone either an employee or independent contractor, even if the individual is okay with the agreement.
In Florida, the major defining factor has to do with “right of control,” which can be further divided into the following categories:
- Financial control
- Behavioral control
- The overarching nature of the relationship
Independent contractors generally work on their own schedules and are paid per project, while employees are subject to designated work hours and receive hourly wages or yearly salaries. Independent contractors may have numerous contracts with myriad employers, while employees do not. They are also typically hired for specific time frames or projects, whereas most employees are hired indefinitely.
Even if someone signs a contract stating that they are an independent contractor, you can be held liable if the State finds that they should actually be categorized as an employee.
Workers’ Compensation Employer Defense Firm in Florida
Workers’ compensation cases are high-stakes proceedings with the potential to become acrimonious. Insurance fraud is a third degree felony, punishable by up to five years in prison, and the financial stakes are massive. Our experienced attorneys will defend your case with the expertise and tenacity you need.
If you would like to speak with a workers’ compensation defense lawyer in Florida, 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.