I am a small business owner in Florida. Our business entails some hazards in that we deal with boats in the water. Our company is small and we do not carry workmans compensation insurance. Our employees are aware of the hazards in performing their job. If they are aware of the hazards and agree that they are performing the job at their own risk, can we be still be held liable if these known hazards injure them?

It is illegal for an employer to not have worker's compensation insurance in the state of Florida with a few exceptions. Florida states:


If you are in an industry, other than construction, and have four (4) or more employees, full-time or part-time, you are required to carry workers' compensation coverage (an exempted corporate officer does not count as an employee).
If you are in the construction industry, and have one (1) or more employees (including yourself), you are required to carry workers' compensation coverage (an exempted corporate officer or member of a limited liability company does not count as an employee).
If you are a state or local government, you are required to carry workers' compensation coverage.
If you are a farmer, and have more than five (5) regular employees and/or twelve (12) or more other workers for seasonal agricultural labor lasting thirty (30) days or more, you are required to carry workers' compensation coverage.
Let me know if you have any other questions.

Thank you very much for your reply. I understand the # of employee rule, we only have 3, an office manager and 2 divers. We do not carry worker's compensation insurance due to the very high cost. I've been told by an insurance agent (one of our customers) that our cost would be close to that of a roofing company, which runs about $45 for every $100 in payroll. That is way too high for us to afford. I also read that it is illegal for an employer to have an employee sign an agreement that waives their right to worker's compensation. I'm not asking them to waive their rights. I'm asking them to sign an agreement that they are aware of the hazards involved and are choosing to perform their job "at their own risk". Then, if they would ever make a claim, would that agreement put the liability on them and not on me?

Probably not...because you would be in violation of the law. By the way, consider yourself lucky, re: the rates, in comparison to my own experience in Florida. The only insurers who agreed to quote a jobsite in Florida demanded a rate of a million and half (dollars) for a million dollar annual payroll. Gulp. That is why many larger companies are pulling out of Florida. I know of at least two major corporations that refuse to do business in Florida. They just can't afford it.

Thank you for your reply. Sometimes the rules in this state really baffle me.

ok everyone i have a question aabout this job i stock tile on roofs for a living but the bossman doesnt pay for the drive and some jobs are like 3 hrs away and he doesnt pay for the drive only when ur working somebody told me that he cant do that he said time starts as soon as u get to the shop if u have to drive to a job u have to get paid for that can somebody that knows the labor law make a confirmation for me plzzzzzzzzzzz

Your post was a little hard to read because of no capitalization or punctuation, but fortunately, it was short. :p

If you are required to go to the shop first before going to the job site then yes, that time is compensable under federal law. I'm not where I can post the link to the law right now, but I'll update this thread later tonight.

I think this is the link that pattymd is eluding to: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.38.htm.

That's the one. ;)