All Regulated Entities are reminded that section 440.09, Florida Statutes, requires an employer to provide workers’ compensation coverage if the employee suffers a compensable injury arising out of work performed in the course and scope of employment. First responders, health care workers, and others that contract COVID-19 due to work-related exposure would be eligible for workers’ compensation benefits under Florida law. See § 440.151, Fla Stat.
The Division of Risk Management shall process Workers’ Compensation claims submitted by Frontline State Employees who have tested positive of COVID-19, through a reliable method, compensable claims for occupational disease pursuant to section 112.1815 Florida Statues and Chapter 440 Florida Statutes, unless the State of Florida can show, by preponderance of the evidence, that a Frontline State Employee contracted COVID-19 outside his or her scope of employment as a state employee.
“Frontline State Employees” shall include
- First responders, as defined in section 112.1815, Florida Statutes, including: law enforcement officers, firefighters, Emergency medical technicians or paramedics
- Corrections officers and other employees, whose official duties require physical presence in a state-operated detention facility
- State employees working in the healthcare field, whose duties required contract with persons as they are being tested for COVID-19 or otherwise known to be infected with COVID-19.
- Child Safety Investigators, whose duties require them to conduct welfare checks on behalf of minors.
- Member of the Florida National Guard, who are called to active duty for service in the State of Florida in response to COVID-19
The Division of Risk Management is further directed to process claims as set forth in this Order, without regard to whether any other non-compensable factor may have contributed to the employee contracting COVID-19, and compensation shall not be reduced because of any other potential causative factors
Insurers licensed to provide workers’ compensation coverage in Florida are reminded of this statutory requirement, which must be applied on a non-discriminatory basis. The OIR expects workers’ compensation insurers to comply with all of the provisions of Florida’s Workers’ Compensation Law and will take appropriate action in the event of non-compliance.
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