Any fleet owners from Florida?

[jhead64]

I have a question regarding workers comp/occupational accident insurance. I'm being told that if the fleet owner lives in Florida, drivers under him must pay workers comp per Florida law.
Does anyone know if this is accurate or where I could get more details? We were told it doesn't matter how the drivers are paid, w2 or 1099 still have to pay workers comp not occ. This just seems odd to me and I would like clarification.

 

[paulnstef39]

If I remember correctly, the independent contractor has to be a corporation in order to avoid paying workmen's comp and be eligible for a waiver. I do know for a fact that my workmen's comp specifically said that independent contractors were not covered. ie my IC drivers didn't fall under my WC insurance. I had a multi-truck expedite fleet out of Tampa Bay, plus 6 local trucks with company drivers.

 

[Ragman]

I think davekc is from Florida. Maybe he will honor us with his presence and knowledge.

 

[Greg]

I believe worker's comp and occ/acc is based on your state of residency.

 

[jhead64]

I believe worker's comp and occ/acc is based on your state of residency.

That's what we're being told. I'm just not understanding how an independent contractor can be covered by workers comp. I thought that was only for employees?

 

[Greg]

In Alabama, you have a choice. For years I had WC, now I have Occ/Acc. I have always been a contractor.

 

[davekc]

As it sits right now, A employee in Florida would be covered under workers comp. A independent contractor (1099) can obtain occ. insurance. Residence as mentioned, is key on some of this as it is different depending on the state. With regards to Florida, take Landstar which is based in Jacksonville. Some of the folks are incorporated but the vast majority are sole proprietors. In that case, the are either using occ via Landstar or purchasing through a outside agent.

 

[paulnstef39]

Sole proprietors and partners in the non-construction industry are not considered to be employees unless they elect to be employees. So your IC drivers do not require WC either from you or for themselves. So they should simply buy some Occ for themselves, like Dave said.

Coverage

• Owner operator coverage in the trucking industry: Many trucking companies use occupational accident insurance for truckers to fund benefits for owner-operators who are not employees. Trucking companies like to have this coverage in place because, in some circumstances, owner-operators may be deemed to have become employees or they may assert that they are employees and file an injury claim against the employer.