Out-Of-State Contractors And Workers’ Compensation
Many out-of-state contractors perform work and services in the Tampa area at various times of the year, especially during season. They can also employ workers who do jobs in Florida even though their primary place of employment is in another state. In the aftermath of a severe storm like Hurricane Ian, many out-of-state contractors come to Florida to do emergency management, construction, and demolition work. Given the nature of these jobs, many out-of-state contractors and their employees are at risk of sustaining serious work-related injuries while they are in the Tampa area. What should out-of-state workers know about seeking workers’ compensation benefits and obtaining coverage for medical care? Consider some of the following information from our experienced Tampa workers’ compensation lawyers.
Your Employer May Be Required to Obtain a Florida Workers’ Compensation Policy
According to the Florida Division of Workers’ Compensation, certain out-of-state employers who send workers to Tampa or elsewhere in the state may be required to obtain a Florida workers’ compensation policy from an insurance company that is licensed in Florida, or it may be required to add coverage in Florida to the current policy. For employers based in a number of other states, it is only possible to have out-of-state contractors performing work in Florida for a total of 10 consecutive days or less — and no more than 25 days total — without having coverage for workers in Florida.
Indeed, the Florida Division of Workers’ Compensation clarifies that, “if an out-of-state contractor’s home state’s workers’ compensation insurance policy is from a state listed below [a total of 29 states], the out-of-state contractor can only work in Florida for no more than 10 consecutive days, or no more than 25 days total, during a calendar year.” The only exceptions are if the employer obtains a policy in Florida or adds Florida coverage to an existing policy. As the Florida Division of Workers’ Compensation emphasizes, “failure to meet these requirements will result in the Division issuing the out-of-state contractor a Stop-Work Order, requiring the cessation of all its Florida business operations and penalizing the business two times the amount it would have paid in workers’ compensation premium during the time it was out of compliance in Florida, for up to two years.”
What an Out-of-State Employee Should Do After a Work Injury in Florida
Whether you are working in Florida in the aftermath of Hurricane Ian or for other reasons, it is critical to know what you should do if you sustain an injury on the job in Florida. Any out-of-state worker should do the following:
- Report the injury to their employer in writing as soon as possible;
- Seek emergency medical attention; and
- Get in touch with a workers’ compensation lawyer who can discuss your circumstances with you.
Whether your employer obtained a workers’ compensation policy from a licensed insurer in Florida or added Florida coverage to their existing policy, a lawyer at our firm can provide you with more information about your Florida work injury case.
Contact a Workers’ Compensation Lawyer in Tampa
Determining whether Florida law or another state’s law will apply to your workers’ compensation claim is an issue where a Tampa workers’ compensation attorney can help. Do not hesitate to get in touch with a lawyer at the Franco Law Firm to learn more about how out-of-state worker injuries have specific requirements when it comes to workers’ compensation claims.