Wc System Guide
Wc System Guide
WORKERS’ COMPENSATION
System Guide
Revised August 2023
Prepared by:
www.MyFloridaCFO.com/Division/WC/
INTRODUCTION
T he Workers’ Compensation System Guide is
intended to give all parties a general overview and
summary of the Workers’ Compensation System. It is
Its purpose is to assist all stakeholders in their roles
and responsibilities. It provides general information
and references that may assist with resolving issues
not intended to supersede or take the place of the and answering questions.
Florida Workers’ Compensation law (Chapter 440,
Florida Statutes) or Florida Workers’ Compensation
Case Law.
NOTE: The maximum number of weekly benefits was impacted by Florida Supreme Court Case No. SC13-1930 & 1976; Westphal
v. City of St. Petersburg. The Division closely follows activities associated with 1st DCA and Supreme Court rulings that may
impact the workers’ compensation system. Therefore, the Division continues to monitor any forthcoming changes prior to
engaging in rulemaking activities or procedural changes related to these topics. We would like to assure all stakeholders that the
Division stands ready to provide whatever support is necessary to ensure a healthy and viable system.
EMPLOYER INFORMATION
Employer Duties............................................................................................................................................................. 8
Employer Requirements .............................................................................................................................................. 8
Obtaining Required Coverage ................................................................................................................................ 10
Workers’ Compensation Exemption Eligibility Requirements and Informa tion...................................... 11
Division Enforcement Authority.............................................................................................................................. 13
Employer Workers’ Compensation Criminal Violations .................................................................................. 13
Compliance & Coverage Assistance May Be Obtained From ....................................................................... 14
APPENDIX
Additio nal Resources ................................................................................................................................................. 25
Employee Sectio n........................................................................................................................................................ 25
Employer Section......................................................................................................................................................... 25
Health Care Provider Section .................................................................................................................................. 26
Insurance Co mpany Section .................................................................................................................................... 27
EMPLOYEE INFORMATION
Injured Worker Duties
• After you or your employer report the injury to
the insurance company, many companies will
If you have an accident or are injured on have an insurance claim adjuster call you within
the job you must: 24 hours to explain your rights and obligations.
• Tell your employer you have been injured, as If you receive a message and a number to call,
soon as possible. The law requires that you you should call as soon as possible to find out
what you need to do to get medical treatment.
report the accident or your knowledge of a job-
related injury within 30 days of your knowledge
• Within 3-5 business days after you or your
of the accident or injury, or within 30 days of a
employer report the accident, you should receive
doctor determining you are suffering from a
an informational brochure explaining your rights
work-related injury.
and obligations, and a Notification Letter
• When you do so, you must ask your employer explaining the services provided by the
what doctor you can see. You must see a doctor Employee Assistance Office of the Division of
authorized by your employer or the insurance Workers’ Compensation. These forms may be
company. part of a packet which may include some or all
• Your employer may tell you to call the insurance of the following:
company handling your claim; the name and A copy of your accident report or “First Report
phone number should be on the “Broken Arm” of Injury or Illness,” which you should read to
poster that should be posted at your workplace. make sure it is correct;
• If it is an emergency and your employer is not A fraud statement, which you must read, sign
available to tell you where to go for treatment, and return as soon as possible, or benefits may
go to the nearest emergency room and let your be temporarily withheld until you do so;
employer know as soon as possible what has
A release of medical records for you to sign and
happened. return; and
After seeing the doctor • Temporary total disability: If your doctor says
• Speak with your employer as soon as you leave you cannot work at all:
the doctor. Tell your employer how much your You should receive money equaling about 66
job means to you, and explain to them what 2/3% of your regular wages at the time you
work the doctor said you can and cannot do. were hurt. Your benefit is paid to you beginning
• If you are admitted to a hospital, call or have with the 8th day you lose time from work.
someone call your employer for you to explain
The first 7 days lost from work is only paid if
what happened and where you are.
you lose more than 21 days from work.
• Give your employer the doctor’s note as soon as
possible. If your injury is critical, you may receive 80% of
• Ask your employer if they have work for you to your regular wages for up to 6 months after the
• Temporary partial disability: If you can return to Reemployment Services assistance you
work, but you cannot earn the same wages you may receive:
earned at the time you were hurt: If you are unable to return to your job because of
You will receive money equaling 80% of the permanent work restrictions resulting from your on-
difference between 80% of what you earned the-job injury, you may obtain information or
before your injury and what you are able to assistance from the Bureau of Employee Assistance
earn after your injury. and Ombudsman Office/Reemployment Services
Example: section at the following website, by phone or by e-
mail:
Your average weekly wage: $320
= $256
(Earnings before injury) x .80 • https://www.myfloridacfo.com/divisio n/wc/empl
Your weekly earning after injury: - $150 oyee/reemployment-services
Your actual lost wage: $106
• Telephone: (800) 342-1741 - option 4
$106 x .80 = $84.80
• Email: [email protected]
Weekly temp. partial disability benefit: $84.80
For assistance on how any of the above benefits are
You can receive up to a total of 104 weeks of calculated, call the WC hotline at 1-800-342-1741.
temporary total disability and/or temporary
partial disability. **Please see note regarding If you have a dispute with
your insurance company
Supreme Court decisions.
• Do not delay in getting a doctor’s appointment See Appendix A, a flow chart of the dispute
from your employer or insurance company. process.
• Do not go on your own to your private
doctor for treatment. The insurance company ! For assistance on how to fill out and file a
Petition for Benefits, call the WC hotline at
must authorize the doctor who is to treat you.
1-800-342-1741.
If you do not get a doctor’s name from the
insurance company, you should contact your
adjuster and ask for a doctor.
• If the injured worker or party refuses to sign the Phone (toll free): 1-800-342-1741
document, benefits or payments shall be
suspended until such signature is obtained. The Division of Workers’ Compensation
Website: www.myfloridacfo.com/Division/WC/
• For additional information click on “Information
and FAQs” on the left side of the Division’s
homepage.
EMPLOYER INFORMATION
Employer Duties Employer Requirements
If you see an accident on the job or Posting Requirement:
someone reports one: The “Broken Arm Poster” and the “Anti-Fraud
• Contact your insurance company right away. Notice” should be posted in a conspicuous place and
• Stay in contact with your employee and the should identify the name of the insurance company
adjuster until the injured worker is back on the providing coverage and where to call to report an
job. accident or injury. Contact your insurance company
to obtain the poster and the notice.
If the employee is released to work with
restrictions: Recording Requirement:
• Get the doctor’s list of restrictions from the Record all workplace injuries and retain the records
injured worker or directly from the doctor’s
for at least 2.5 years.
office, and
• Meet with the injured worker to see if work is Reporting Requirement:
available that he/she can do. • Report all job-related injuries to the insurance
Discuss with the injured worker: • Provide a copy of the injury report to the injured
worker (Form DFS-F2-DWC-1).
• Starting time and date,
• What you can pay him/her based on new job • Report required wage information to the
duties, and insurance company within 14 days of learning of
Report the restricted work to the adjuster. an injury that will require the employee to miss
work for more than 7 days or that results in a
• Inform the adjuster:
permanent impairment.
• When the injured worker is scheduled to
• If requesting the employee's authorization for
return to restricted work.
release of social security benefit information,
• If the injured worker will not be earning what
give the Form DFS-F2-DWC-14 to the employee,
he/she earned before: submit the Request for Social Security Disability
Send the adjuster wage information on a Benefit Information to the Social Security
weekly or bi-weekly basis to determine if Administration office nearest to the employee's
temporary partial benefits are due. address, and send a copy of the completed form
• If the injured worker is unable to, due to to the Division within 14 days of the request
restrictions, continue working, or (Form DFS-F2-DWC-14).
• If you can’t give him/her restricted work any
longer, or
Penalties for late filing of a claim that payment shall be the greater of the amount of
was due to the employers failure to interest due or $5.
timely notify the insurer If you as an employer receive a notice from the
If the First Report of Injury (DFS-F2-DWC-1) is filed Division about a late filing with a filing penalty due
late with the Division, due to the late reporting of to the Division and penalties and interest due to the
the accident by the employer to the insurance injured worker, you send the filing penalty payment
company, the employer may be penalized for the to the Division and the penalty & interest payment,
late filing, according to the following schedule: on the late indemnity payments, directly to the
injured worker.
• $100 for 1 through 7 days of untimely filing.
• $200 for 8 through 14 days of untimely filing. Workers’ Compensation Coverage /
• $300 for 15 through 21 days of untimely filing. Compliance Requirements For the
Employer
• $400 for 22 through 28 days of untimely filing.
Chapter 440, F.S., establishes workers’ compensation
• $500 for over 28 days of untimely filing.
coverage requirements for employers.
In addition to the above administrative penalty paid
to the Division, the employer may be liable for 1. Construction Industry: An employer in the
penalties and interest on the late payment of construction industry who employs one or more
compensation, due to the late filing. part- or full-time employees must obtain
workers’ compensation coverage. Sole
Penalties and interest for late payment proprietors, partners, and corporate officers are
of compensation paid directly to the considered employees. Members of a limited
injured worker along with indemnity liability company are considered corporate
payment that was late officers. Corporate officers may elect to exempt
1. If any installment of compensation for death or themselves from the coverage requirements of
dependency benefits, or compensation for Chapter 440.
disability benefits payable without an award is A construction industry contractor, who sub-
not paid within 7 days after it becomes due, contracts all or part of their work, must obtain
there shall be added to such unpaid installment proof of workers’ compensation coverage or a
a penalty of an amount equal to 20 percent of Certificate of Election to be Exempt from all sub-
the unpaid installment, which shall be paid at contractors, prior to work being done. If the sub-
the same time as, and in addition to, such contractor is not covered or exempt, for
installment of compensation. purposes of workers’ compensation coverage,
2. If any installment of compensation is not paid the sub-contractor’s employees shall become
when it becomes due, the employer, insurance the statutory employees of the contractor. The
company or servicing agent shall pay interest at contractor will be responsible to pay any
the rate of 12 percent per year from the date the workers’ compensation benefits to the sub-
installment becomes due until it is paid, whether contractor and its employees.
such installment is payable without an order or 2. Non-Construction Industry: An employer in
under the terms of an order. The interest the non-construction industry, who employs four
or more part- or full-time employees, must
obtain workers’ compensation coverage. policy is permitted to work in Florida using the
Corporate officers are considered employees, workers’ compensation policy from their “home
unless they elect to exempt themselves from the state”, as long as the work is temporary in
coverage requirements of Chapter 440. Sole nature. Temporary is defined as no more than
proprietors and partners in the non-construction 10 consecutive days with a maximum of 25
industry are not considered to be employees total days in a calendar year. [For a list of the
unless they elect to be employees. Members of current jurisdictions who have an extraterritorial
a limited liability company will be considered as reciprocity statute, contact the Division of
corporate officers and employees, unless they Workers’ Compensation at 850.413.1609].
elect to exempt themselves from the coverage
requirements of Chapter 440.
Obtaining Required
Coverage
3. Agricultural Industry: Agricultural employers
with six or more regular employees and/or 12 or
more seasonal employees, who work for more 1. Coverage Options: Contact a Florida-licensed
than 30 days, must obtain workers’ insurance agent to obtain a workers’
compensation liability coverage for those compensation policy. If the employer has applied
employees. for and been rejected by two non-affiliated
4. Out-of-State Employers: An out-of-state workers’ compensation insurers in the voluntary
employer engaged in work in Florida must market, within the last sixty (60) days, they may
immediately notify their insurance carrier that it contact the Florida Workers’ Compensation Joint
has employees working in Florida. A company Underwriting Association (FWCJUA) at (941) 378-
that has employees working in Florida must have 7400 or go to their website at www.fwcjua.com.
a Florida workers’ compensation insurance The employer may also consider leasing
policy or an endorsement must be added to the employees from a Professional Employer
out-of-state policy that lists Florida in Section Organization or PEO. In this circumstance, the
3.A. of the policy. A contractor working in Florida PEO becomes the employer and provides
who contracts with an out-of-state workers’ compensation coverage to each
subcontractor must obtain proof of a Florida employee who is paid by the leasing PEO.
workers’ compensation policy or an 2. Accurate Employer Job Classification and
endorsement to the out-of-state employer’s Payroll: Since workers’ compensation premiums
policy that lists Florida in Section 3.A. of the are based on the information provided by the
policy, on the declaration page. Otherwise, the employer, it is important that accurate
Florida contractor’s policy must include the out- information such as what type of work is being
of-state subcontractor and their employees per performed (i.e. interior trim carpentry, roofing,
Chapter 440.10 (1) (g), Florida Statutes. restaurant, clerical, etc.) and estimated payroll
Extraterritorial Reciprocity: Out-of-state for each job classification code is reported to the
employers whose home jurisdiction has in its insurance company. If any changes occur in the
statute an “extraterritorial reciprocity” clause job duties or services performed or the
allowing temporary employees from another employer’s payroll amount during the policy
jurisdiction (including Florida) to work under term, the employer must notify its insurance
the “home state’s” workers’ compensation company.
Workers’ Compensation
3. Professional Employer Organization or
Employee Leasing Company: If an employer
enters into an employee leasing agreement with a
Exemption Eligibility
licensed employee leasing company, the
agreement entails workers’ compensation Requirements and
Information
coverage only for employees listed with the
employee leasing company. The client company
is responsible for workers’ compensation General Information
coverage for all non-leased employees. The An individual who meets the eligibility requirements
payroll for all employees must be paid through to obtain an exemption pursuant to s. 440.05, F.S.,
the leasing company. Any changes in job duties may elect an exemption from the coverage
or status of an employee must be reported to the requirements of Chapter 440, F.S. Once an
leasing company promptly. exemption is obtained, the exempted individual may
4. Individual Self Insurers: Pursuant to Chapter not receive workers’ compensation benefits when
440.38, F.S., an employer may become he/she sustains a work-related injury. Certificates of
individually self insured and secure the payment Election to be Exempt shall apply only to the type of
of workers’ compensation by providing proof of industry listed on the Notice of Election to be
financial strength necessary to ensure timely Exempt.
payments of current and future claims.
Authorization and regulation of individual self Exemption Eligibility Information
insurers is through the Division. A. Non-Construction Industry:
5. Commercial Self-Insurance Funds: Pursuant to Corporation:
Chapter 624.462, F.S., a group of persons may • The corporation must be registered and listed
form a commercial self-insurance fund for as active with the Florida Department of
purposes of pooling and spreading liabilities for State, Division of Corporations.
any commercial and/or casualty insurance. • The applicant must be listed as an officer of
Authorization and regulation of commercial self- the corporation in the records of the Florida
insurance funds is through the Office of Insurance Department of State.
Regulation.
• Applicant cannot be affiliated with an ACTIVE
Stop Work Order (SWO), Order of Penalty
Assessment (OPA) or Working in Violation
(WIV).
Limited Liability Company (LLC):
• Applicant cannot be affiliated with an ACTIVE • An applicant associated with a payment that
Stop Work Order (SWO), Order of Penalty is insufficient is not eligible for an exemption.
Assessment (OPA) or Working in Violation
(WIV).
! Out-of-state contractors that are corporations
or limited liability companies can qualify as
B. Construction Industry: foreign corporations or foreign limited liability
Corporation: companies by filing specific forms and
• The corporation must be registered and listed documentation with the Florida Division of
as active with the Florida Department of Corporations. For more information, please call
State, Division of Corporations. (850) 245-6051 or log on to
https://dos.myflorida.com/sunbiz/.
• The applicant must be listed as an officer of
the corporation in the records of the Florida
How to Obtain an Exemption:
Department of State.
The Division of Workers' Compensation offers an
• The applicant must attest to a minimum 10
online system for applicants to apply for or renew a
percent ownership of the corporation.
Certificate of Election to be Exempt from Florida's
• No more than three officers of a corporation Workers' Compensation Law. To access the DWC
or of any group of affiliated corporations Notice of Election to be Exempt online application
(including LLCs) may elect to be exempt. system, visit www.myfloridacfo.com/Division/WC/
• A $50.00 application fee is required. The exemption applicant must personally sign the
• Applicant cannot be affiliated with an ACTIVE application and attest that he or she has reviewed,
Stop Work Order (SWO), Order of Penalty understands, and acknowledges the information as
Assessment (OPA) or Working in Violation stated on the application. Furthermore, any person
Division Enforcement
employee duties or fails to utilize Florida’s class
codes and workers’ compensation rates.
s. 395.002, F.S., is needed to treat the injured 25 forms within three business days of the
injured worker is being given emergency hours of each subsequent or follow-up visit,
upon occurrence of an actionable event or
treatment, the provider may verify the name
of the employer and/or insurance company in change in the injured worker’s medical
requests for treatment by the end of the third company and the Division to resolve disputes
business day after receiving a request, or arising from medical treatment and care
rendered;
within 10 days for bills exceeding $1,000
pursuant to Section 440.13(3)(i), F.S. A self-
insured employer or insurance company’s
• Completing and filing medical claim bills • The Florida Workers’ Compensation
consistent with established billing and Reimbursement Manual for Hospitals
reporting policies. 6. When bill has not been adjudicated within 45
4. Only physicians licensed by the Florida days of receipt by the carrier, a provider may file
Department of Health under Chapters 458, 459, a non-payment complaint with the Medical
460, 461, 463, or 466, F.S., can determine Services Section via:
permanent impairment. The impairment rating Email: [email protected]; or
guide to be used for calculation of impairment Fax: 850-354-5100; or
rating is specific to the date of accident as USPS: DWC-Medical Services Section, 200 East
follows: Gaines Street, Tallahassee, FL 32399-4232
Materials incorporated by reference in Rule 69L- 7. A health care provider must provide each carrier
7.604, F.A.C., Permanent Impairment: that has authorized them to provide workers’
• The American Medical Association’s Guide to compensation medical services for
the Evaluation of Permanent Impairment, 3rd reimbursement with a signed fraud statement,
Edition for dates of injury on or prior to pursuant to Section 440.105(7), Florida Statutes.
06/30/1990. A carrier cannot require the signed fraud
• The Minnesota Department of Labor and statement more than once per year.
Industry Disability Schedule for dates of injury
on 07/01/1990 through 06/20/1993.
• The 1993 Florida Impairment Rating Guide
(FIRG) for dates of injury on 06/21/1993
through 01/07/1997.
• The 1996 Florida Uniform Permanent
Impairment Rating Schedule for dates of
injury on 01/08/1997 or thereafter.
• The petition must be accompanied by all hospital in such a manner as to knowingly and
documents and records that support the willfully allow the use of the facility in a scheme
allegations contained in the petition. or conspiracy to fraudulently violate any of the
provisions of Chapter 440.
The carrier is allowed to defend its disallowance or
adjustment of payment decision. The carrier has 30
days from receipt of the petition to file its response
with the Department, with a copy sent to the
provider. The carrier’s response must include all
documentation substantiating its disallowance or
adjustment. Failure to respond timely constitutes a
waiver of all carrier objections to the petition. The
Department has 120 days, after receipt of all
documentation, to provide the petitioner, carrier,
and all affected parties a written determination of
whether the carrier properly adjusted or disallowed
payment. In issuing its decision, the Department
must be guided by Florida’s Workers’ Compensation
Law and relevant administrative rules. For additional
information, please refer to Subsection 440.13(7),
Florida Statutes, and Rule Chapter 69L-31, Florida
Administrative Code.
This knowledge includes, but is not limited to, • If denied, file a denial of the claim within 120
receipt of any information, written or verbal, days of the initial provision of benefits.
from any source reporting an accident or injury • Pay, disallow, or deny all medical bills properly
or requesting authorization to treat an injury. submitted to the insurance company within 45
days after receipt of a completed bill on the
• Electronically file policy, claims, and medical
proper form.
information with the Division.
• Obtain the DWC-25 form to document the work
• File a First Report of Injury or Illness and mail
status and treatment plan of the injured worker.
copies to the injured worker and the employer.
• Authorize or deny medical referrals in writing,
• Respond to requests for medical treatment by
from authorized health care provider, within 3
authorized doctors within 3 business days after
business days of receipt of the request.
receipt of a written request.
If the referral for testing, examination or
• Send to the injured worker, within 3 days of
treatment is more than $1,000, the
knowledge of the injury, a brochure explaining
authorization or denial must be made within 10
the injured worker’s rights and benefits under
business days of receipt of the written request.
the law and the Employee Notification Letter.
• Obtain a signed fraud statement from the
injured worker.
• Pay the first installment of compensation for
total disability or death benefits within 14 days
after the employer receives notification of the
injury or death.
Mail an informational brochure to the injured worker within 3 DFS-F2-DWC-60 or DFS- 69L-3.0035
business days after notification of the injury or illness. F2-DWC-61
Provide a paper copy of the injury report to the worker and DFS-F2-DWC-1 or Form 69L-56.401
employer within three days when notified of an injury by phone or IA-1
electronic data interchange (EDI).
Provide a paper copy of the form DFS-F2-DWC-4 (or letter if DFS-F2-DWC-4 69L-56.404
applicable, pursuant to 69L-56 and the EDI Event Table) to the
employer and employee for actions or changes specified in rule.
Provide a paper copy of the form DFS-F2-DWC-12 to the employer DFS-F2-DWC-12 69L-56.4012
and employee for any denial or rescission of benefits.
For dates of accident on or after 10/1/03 involving temporary 69L-3.0191
disability, provide an informational letter to eligible injured workers 69L-3.01915
explaining the benefits and requirements of temporary partial
disability within five days of learning of the worker's release to
restricted work.
Complete and submit an electronic FROI (First Report of Injury) or a IAIABC standards for 69L-56.301
FROI and SROI (Subsequent Report of Injury) combination as Claims EDI Release 3 (EDI)
provided in 69L-56.300, F.A.C. A FROI (First Report of Injury) or a FROI, SROI (EDI),
FROI and SROI (Subsequent Report of Injury) combination as 01/01/09 Edition and
referenced in 69L-56.300, F.A.C. must be reported to the Division Supplement
for lost-time and death cases and receive a Transaction Accepted
Acknowledgement Code on or before 21 days after the Claim
Administrator’s knowledge of the injury, or as otherwise referenced
in rule 69L-56.301, F.A.C.
Complete and submit an electronic SROI to report certain IAIABC standards for 69L-56.404
significant changes in a lost-time case (as specified in rule 69L- Claims EDI Release 3 (paper) 69L-
56.304 & .3045, F.A.C.) and receive a Transaction Accepted FROI, SROI (EDI), 56.304 69L-
Acknowledgement Code on or before 14 days after the Claim 01/01/09 Edition and 56.3045 (EDI)
Administrator has knowledge of the new or changed information. Supplement
Form Rule
Upon denial of benefits or rescission of a prior denial, report such DFS-F2-DWC-12 (paper) 69L-56.3012
action to the Division on a DFS-F2-DWC-12 as provided in the rule. FROI, SROI (EDI) (EDI)
For electronic reporting in compliance with 69L-56.300, submit a
FROI or a SROI as provided in the rule.
Complete and submit electronic periodic reports of cumulative IAIABC standards for 69L-56.3013
benefits paid in lost-time cases on a SROI, and receive a Transaction Claims EDI Release 3 (EDI)
Accepted Acknowledgement Code within 30 days after the intervals FROI, SROI (EDI),
specified in rule 69L-56.3013, F.A.C. 01/01/09 Edition and
Supplement
Electronically submit all medical, dental, pharmacy, and health care 69L-7.740
facility claims for both medical only and lost-time cases to the 69L-7.750
Division within 45-calendar days of when the medical bill is paid,
adjusted, disallowed or denied. File all forms electronically in the
format specified in the Florida Medical EDI Implementation Guide
(MEIG) 2010.
Within 14 days after request by the Division, file a completed Form DFS-F2-DWC-35 69L-3.0194
DFS-F2-DWC-35 (Permanent Total Supplemental Worksheet) with 69L-3.01945
the Division's Permanent Total Section.
Within 14 days after a request by the Division, file a completed DFS-F2-DWC-33 69L-3.0194
Form DFS-F2-DWC-33 (Permanent Total Offset Worksheet) with the 69L-3.01945
Division's Permanent Total Section.
Complete and submit an electronic FROI (First Report of Injury) 69L-56.304
with MTC AQ to electronically report any cases changing claim (EDI)
administration to the Division and receive a Transaction Accepted
Acknowledgement Code on or before 21 days after the effective
date of the new Claim Administrator’s acquisition of the claim, in
compliance with 69L-56.304, F.A.C.
! Other forms for reporting information to the Division may be required for dates of injury prior to October 1, 2003.
Please contact the Division for further information.
days, an administrative fine shall be assessed in pattern and practice violations arising from
the amount of $50 for each such medical report. the same action.
4. CPS Penalty Calculation for Each • The entire Rule may be viewed at
https://www.flrules.org/gateway/ChapterHo m
Untimely Filing of the First Report of
e.asp?Chapter=69L-24.
Injury pursuant to Section 440.185(9),
F.S. and Section 69L-24.006(1)(b),
F.A.C.: Penalties and interest for late
• $100 for 1 through 7 days of untimely filing
payment of compensation paid
• $200 for 8 through 14 days of untimely filing directly to the injured worker along
• $300 for 15 through 21 days of untimely filing with the indemnity payment that
• $400 for 22 through 28 days of untimely filing was late:
• $500 for over 28 days of untimely filing 1. Pursuant to Section 440.20(6), F.S., if any
5. Audit Penalties: installment of compensation for death or
dependency benefits, or compensation for
• S. 440.20(8), F.S, states that the Division shall
disability benefits payable without an award is
assess a $50 penalty for each payment of
not paid within 7 days after it becomes due,
indemnity that is below the minimum 95%
there shall be added to such unpaid installment
performance standard and equal to or
a penalty of an amount equal to 20 percent of
greater than a 90% timely payment
the unpaid installment, which shall be paid at
performance standard. The Division shall
the same time as, and in addition to, such
assess a penalty of $100 for each payment of
installment of compensation.
compensation below the 90% timely payment
performance standard. 2. Pursuant to Section 440.20(8), F.S., if any
• S. 440.525, F.S. and Rule 69L-24.007, F.A.C., installment of compensation is not paid when it
Insurers Standards and Practices, states that becomes due, the employer, insurance company
willful or non-willful administrative penalties or servicing agent shall pay interest at the rate of
may be assessed for intentional violation in 12 percent per year from the date the
disregard for the unlawfulness acts, or failure installment becomes due until it is paid, whether
to comply with a Department order. such installment is payable without an order or
Unreasonable delay in claims handling, under the terms of an order. The interest
timeliness and accuracy of payments and payment shall be the greater of the amount of
reports under 440.13, 440.16 and 440.185, F.S. interest due or $5.
or patterns or practices. The penalties
assessments shall be as follows:
• $20,000 for a single willful violation; not to
exceed an aggregate of $100,000 for all
pattern and practice violations for same
action.
• $2,500 for a non-willful violation, not to
exceed an aggregate of $10,000 for all
Insurance Companies
Insurance companies are required to report suspect
fraud and can submit a fraud referral to Division of
Insurance Companies
Anti-Fraud
Responsibilities
Rule Chapter 69D-2, F.A.C. was adopted September
15, 2006, requiring insurance companies and health
maintenance organizations (HMO) to file updated
Special Investigations Unit (SIU Descriptions or anti-
fraud plans pursuant to Section 626.9891, F.S.
APPENDIX
FLOW OF BENEFIT DISPUTE RESOLUTION
Employee
BENEFITS in DISPUTE contacts EAO for
Assistance
NO
DENIAL
The insurance company
ACCEPT
must deny a request for:
DENIAL OF A
indemnity within 14 days; YES Issue Closed
SPECIFIC
medical, within 3-10 days
BENEFIT
depending on the cost of
the benefit.
NO
Final Hearing
Workers’
Pre-Trial (Within 90 days
SETTLED? NO Compensation
Hearing after the Pre-Trial
Judge
Hearing)
YES
NO
An appeal must be
filed within 30 days
1st District Court
from the date the
of Appeal
WC judge signs
the order
APPENDIX
A
Additional Resources
WC Website: https://www.myfloridacfo.com/Division/WC/
WC Hotline: 1-800-342-1741
Employee Section
The State of Florida Employee Assistance Office
https://www.myfloridacfo.com/divisio n/wc/emplo yee/eao/eao-offices
Email: [email protected]
Employer Section
Anti-Fraud Reward Program Notice Poster
https://www.myfloridacfo.com/docs-sf/workers-compensation-libraries/workers-comp-documents/brochures-
and-guides/anti-fraud-notice.pdf
WC Forms
https://www.myfloridacfo.com/divisio n/wc/forms
Reimbursement Manuals
https://www.myfloridacfo.com/divisio n/wc/provider/reimbursement-topics