State of Florida's worker's comp laws

hughgrxtion · #1 02-22-2004, 02:10 PM

I was looking for some input on this issue. I am in a pickle of a situation. Florida enacted worker's comp laws effective Jan. 1st, that have effectively put me out of business(blacklisted).I have called the state to no avail.

The new laws state that in the construction industry (and only the construction industry), an independent contractor (the owner) has to carry workers comp on himself. They enforce this by requiring that licensed contractors have proof of worker's comp or face a $5000 fine. So now all my clientel have dropped me. I have always went through labor pools to make sure my help has comp to protect myself and my clientel.The ins companies here are extremely high-up to 43%. Not to mention they want a sizable down payment, I have to have at least 5 employees before they will write me a policy(mucho money to carry a payroll for two weeks+ pay the comp on the employees), they would want to audit me every quarter to make sure I'M NOT SCREWING THEM OVER, and judging by my friends that have comp, not have any downtime because if they are out of work for a week or two, the ins companies are always threatening to drop them. The alternative is to incorperate, file for a workers comp exemption(which they require a ssn, I haven't used mine for almost 5 yrs), in which I will be operating as a priveledge.

The Florida statute-Title XXXI, chapter 440.015 states-Legislative intent-The worker's compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike.(this isn't all of it, but this passage caught my eye).

The questions I'm wondering is how can they pass a law that only affects a certain group of people(construction industry), and not everyone? Also, How can they force someone to incorperate to carry on a common-law occupation as a priveledge? How can they force someone to get insurance in order to provide sustanance for themselves? My chosen vocation in life does not require a license. After 15 years of doing this and a fortune in tools, retooling and educating myself for another trade is kinda out of the question.

Florida was one of the 40 states that signed an agreement with the IRS to share information-they don't have a state income tax, therefore-force every one to incorperate-sounds like a legislative trap to me. Any input? Should I be preparing to move or does anyone have any ideas for pursueing a lawsuit?

Ice · #2 02-22-2004, 07:20 PM

<FONT size=1>"The Florida statute-Title XXXI, chapter 440.015 states-Legislative intent-The worker's compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike.(this isn't all of it, but this passage caught my eye)."</FONT>

Is the above passage straight from the law in question?& It seems to me that if those you work for were aware of this... they might decide that there is something wrong with this law.& How can an employer and an employee agree to renounce their common-law rights simply for the purpose of being able to participate in the workers compensation system in that state???& That is absurd!!& What they are saying is that you must renounce your common-law rights ... but they are not SPECIFIC... they seem to be saying ALL YOUR RIGHTS.& Now, does that sound right???

Dude, I would MOVE!!& Any state that wants to be that underhanded, dirty, tricky, insidious... it ain't worth living there!!

But, THAT PASSAGE ALONE could be the basis for a lawsuit... and maybe even get the damn thing rescinded.& How can any government within the States of America pass any law that REQUIRES an American to RENOUNCE THEIR COMMON LAW RIGHTS??& Check the constitution and you will see that the government is bound to PROTECT those rights... NOT DO AWAY WITH THEM.& This could be a good opportunity to put the legislators in their place.

I would seriously consider a suit in Fed. Court against the State... either that OR MOVE!!& Think about it.

Ice

hughgrxtion · #3 02-22-2004, 07:28 PM

That's what I was looking at--the mutual renounciation of common law rights. How nice for the state to assume I am renouncing my rights. Unfortunately, most contractors are looking at protecting their own asses and not making any waves. They will of coarse, give me their sympathy and state that its not right what the state is doing. Not everyone has balls. I was wanting to file suit against Florida and maybe for compensation for buisiness loss, but I don't know how to go about it. The easy thing would be to move to a more buisiness friendly environment, but, I have almost 6 years invested here. I'm getting tired of starting over.

hughgrxtion · #4 02-22-2004, 07:31 PM

And yes- Florida statutes&title 31,&chapter 440.015 states this as legislative intent. It is chapter 44.20 that includes an independent contractor under the definition of employee that makes the law stick. It only applies to the construction industry.

hughgrxtion · #5 02-22-2004, 07:36 PM

stuck keyboard- title 31, chapter 440.20-definitions.

I could cut and run. Unfortunatlely, I think the state is depending on screwing over people who don't study law and just let it ride. Think of all the joe blows, faithfully lining up to incorperate, paying money to accountants, and also, themselves not knowing the legal reprecussions.

Ice · #6 02-22-2004, 10:15 PM

Well, if you are thinking seriously about sueing the state... then find a similar case that has been filed against the state and use it as a sort of "template"... see how they went about the filing.& Notice the form of the documentation, the brief, the judicial notices, etc.& But most of all, notice how they&stated and supported their position.& Finding a case like this would be easy enough... search for "vs. STATE OF FLORIDA".& You will probably end up with a lot of cases... Check them out and you may find one that will suit your purpose.

Bring your questions to the forum and maybe even post drafts of your docs for suggestions/opinions.& Might as well make this a "community" project... seems we have a couple of those going on here anyway!!

Ice

hughgrxtion · #7 02-22-2004, 10:32 PM

Anyone here live in florida who has experierence with court rules and etoquet?

hughgrxtion · #8 06-08-2004, 01:44 AM

Does anyone know of any court cases inwhich the state cannot force a person to renounce their common law rights and defences.

#9 06-08-2004, 05:02 PM

You want to check out the site www.workerscompensation.com and look up Florida and see if anyone there can help you or any workerscompensation sites are a good start. Workers compensation in itself should be a big law suit for all the states for protecting the employer and not the emplyees. It is all a scam and they know it protecting the insurance companies is all it is doing. I am late on my response but just saw this for the first time. There are many people who would love to help you down there.

Ice · #10 06-08-2004, 09:03 PM

If you find ANY CASE that was filed against the STATE OF FLORIDA ... that will work as a "template". If it is a case in which ANY LAW is challenged... that would be better. You are going to have to do the work on this if you really want to pursue it. Don't even hope to find a similar case that you might use... if you do find one, you'd be very lucky... but you still need to do the homework... the paperwork is only a small part of the battle.

Your first stop should be the Court house or Library -- start hitting all those "legal" books and start the search.