Workers compensation programs are managed by the individual states themselves, so each state can have different workers compensation coverage and benefits. In the case of independent contractors and subcontractors, they typically are not covered under standard workers compensation for salaried employees, as contracted workers are paid by project or job. That said, an uninsured subcontractor puts the employer in a position of liability and the employer should be fully aware of this when they are making decisions involving a subcontractor.
For subcontractors, this means they are not covered under standard workers compensation programs. If a subcontractor hires additional employees are workers, they are then required to provide workers compensation for those individuals. Subcontractors must fill out specific paperwork in the state of Florida to prove their employees are adequately covered under the law.
There is a tier of responsibility that involves both contractors and subcontractors in the event of injury or fatality in the workplace. In Florida, each subcontractor holds the responsibility to provide workers compensation for workers in the event of an injury or fatality on the job. The primary contractor, however, is responsible for making sure the subcontractor has provided that coverage for their workers.
Some industries, such as public and private construction, relay these expectations for subcontractors in their state statutes. In other industries, this may seem less clear, but it’s important to understand what is required for subcontractors. Specific requirements for compensation coverage depend on the industry.
It is required for the contractor make certain the subcontractors have all required workers compensation insurance and paperwork completed before work on a project begins. If the subcontractors do not have workers compensation insurance for their employees, any injury or fatality falls under the responsibility of the primary contractor to pay the benefits of that work-related injury.
Confused about the details of workers compensation for subcontractors? At Franco Law Firm, our team of experts can help you understand the complex facets of the laws and requirements for subcontractors. We’re committed to simplifying jargon and helping you understand what you are required to do, whether you are a subcontractor, primary contractor, or an employee of those types.