The national guide explains the workers' compensation bargain, the standard policy and premium rating. Florida's Workers' Compensation Law is Chapter 440 of the Florida Statutes. Florida is a competitive state: employers buy insurance or qualify to self-insure. The residual market is the FWCJUA.

Who must carry coverage (440.02)

• Domestic servants in private homes are excluded.
• Construction officers: no more than three officers of a construction corporation (or affiliated group) may elect an exemption, and each must own at least 10% of the stock (440.05).
• Securing coverage: buy a policy or qualify as an authorized self-insurer (440.38).
• Statutory employer: when a contractor sublets work, the contractor must cover the employees of uninsured subcontractors (440.10).
• Exclusive remedy: compensation is the employee's only remedy against the employer, regardless of fault (440.11).

Benefits

• Waiting period: no indemnity for the first 7 days (medical is still paid). If disability lasts more than 21 days, indemnity is paid from the start (440.12).
• Total disability: 66 2/3% of the average weekly wage, up to the state maximum (440.15).
• Causation: for some injuries the work must be the major contributing cause, meaning more than 50% responsible compared with all other causes combined (440.09).
• Workers' comp doesn't pay tort damages such as pain and suffering.

Notice and fraud

• An employee must report an injury to the employer within 30 days of the injury, or of learning of it (440.185).
• Premium fraud: knowingly misreporting payroll or job classifications to lower the premium is workers' comp fraud (440.105).

Market and rating

• FWCJUA: the Florida Workers' Compensation Joint Underwriting Association covers employers that must carry coverage but can't obtain it voluntarily, at self-supporting rates (627.311(5)).
• Drug-free workplace: employers with a qualified drug-free workplace program get a premium credit (627.0915).
• Insured-requested cancellation: effective on the requested date, or on the date of the written request if none is given. Retroactive coverage can't go back more than 21 days (627.4133(4)).

Exam traps

• Coverage thresholds: 1 employee in construction, 4 elsewhere, 6 regular or 12 seasonal in agriculture.
• The waiting period is 7 days, paid back to day one after 21 days of disability.
• The FWCJUA is in 627.311(5), not the Citizens statute.
• The injury report is due within 30 days.