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Workman's Compensation

voltmanvoltman Posts: 150 Deckhand
i have worked n collier county and lee county my entire working life ,and i have always carried w/c on myself and my employees and continue to carry it without ever having a lapse .i have a friend in a different trade that was arrested for letting his w/c exemption expire ,,a $50.00 oversight on his part ,but they arrested him,,and yes just for that,, nothing else.
so after that i have recently noticed an up-tic in w/c officers in the area, and have been questioned on two occasions simply because I'm working,my question is do they have to have probable cause to stop you and question you about your workman's compensation insurance and /or exemption , or do they have to have suspicion or suspect that your breaking the law.
i would equate them to stopping you on a job-site and questioning you about your insurance/exemption to a police officer pulling you over to check that your auto insurance is good without any reason other than your in a car driving.

Replies

  • 12bhunting12bhunting Posts: 291 Deckhand
    The only way that you can be arrested for not having a WC policy would be a VOP. It is a misdemeanor and a fine. But a misdemeanor when on probation is an automatic arrest for VOP.
  • voltmanvoltman Posts: 150 Deckhand
    12bhunting wrote: »
    The only way that you can be arrested for not having a WC policy would be a VOP. It is a misdemeanor and a fine. But a misdemeanor when on probation is an automatic arrest for VOP.

    vop on a workers comp probation, its an insurance policy , is there such a thing ??? it was an exemption from what i understand ,he had forgotten to or overlooked it ,,however that still leaves the question . if they must have probable cause to question you or ask for your w/c or exemption without probable cause.
  • They need reasonable suspicion to stop.

    Probable cause is needed to make an arrest.

    What agency made the arrest?
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  • voltmanvoltman Posts: 150 Deckhand
    They need reasonable suspicion to stop.

    Probable cause is needed to make an arrest.

    What agency made the arrest?

    i dont know for sure ,, it took place on marco island ,thinking its one of the 14 w/c officers that patrol swfl ,maybe it was one of the deputy's on marco island …? just curious ,if there making arrests and questioning american workers then they should be held to the same standards as every law enforcement office.
  • What does the citation say?
    "If I can't win, I won't play." - Doris Colecchio.

    "Well Gary, the easiest way to look tall is to stand in a room full of short people." - Curtis Bostick

    "All these forums, with barely any activity, are like a neglected old cemetery that no one visits anymore."- anonymouse
  • 12bhunting12bhunting Posts: 291 Deckhand
    voltman wrote: »
    vop on a workers comp probation, its an insurance policy , is there such a thing ??? it was an exemption from what i understand ,he had forgotten to or overlooked it ,,however that still leaves the question . if they must have probable cause to question you or ask for your w/c or exemption without probable cause.

    A guy who worked for me was on probation. He was doing a side job when they stopped to check his WC. It was a misdemeanor charge, which would just be a fine. But since he was on probation it was a VOP. And he was arrested and put in the box.
  • CountryBumpkinCountryBumpkin Fla. Piney WoodsPosts: 1,892 Captain
    Refer to page 12 of the pamphlet at this link.

    http://www.myfloridacfo.com/Division/WC/pdf/WC-System-Guide.pdf

    It says they can enter your business at any time and ask for proof of WC on your employees.......if you are on a construction site everyday I would think that constitutes "your business". But I suggest you consult a lawyer for legal advice.

    I believe what 12bhunting was saying is that it would be possibly considered a parole violation for someone who was one probation for any crime (theft, battery, etc.). He wasn't talking about being on probation for getting caught before without the WC, at least I don't think he was.
  • voltmanvoltman Posts: 150 Deckhand
    12bhunting wrote: »
    A guy who worked for me was on probation. He was doing a side job when they stopped to check his WC. It was a misdemeanor charge, which would just be a fine. But since he was on probation it was a VOP. And he was arrested and put in the box.

    that will help discourage employees from doing side jobs ,especially the ones they take from you.
  • voltmanvoltman Posts: 150 Deckhand
    thanks , i am sure i read a rendition or that pamphlet in the late 80s ,,the v.o.p makes the most sense.
    iv always used a payroll company and they take care of all the insurances and taxes , i even have it on myself vs the exemption.
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