Florida Directs Workers’ Comp Insurers to Comply with COVID-19 Treatment Order

The Florida Office of Insurance Regulation has issued an informational memorandum to all insurers and entities authorized to write workers’ compensation insurance providing guidance on the treatment of policyholders affected by COVID-19.

The memo is in response to Chief Financial Officer Jimmy Patronis’ directive requiring workers’ comp coverage be provided to public servants on the front line of COVID-19.

The memo reminds all regulated entities that Florida law requires an employer to provide workers’ comp 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 are eligible for workers’ comp benefits under Florida law.

In a March 30 order, Patronis directed the Division of Risk Management to provide workers’ comp coverage for state officials whose responsibilities require them to interface with individuals who are potentially infected with the coronavirus.

Under the CFO’s directive, state agencies can choose to opt-out of coverage. As of the date of the order, the Division of Risk Management had received 36 claims for COVID-19. Additionally, the Florida League of Cities said the Florida Municipal Insurance Trust will cover first responders’ COVID-19 claims.

“[OIR] will take appropriate action in the event of non-compliance,” the OIR memo states.

The Florida Department of Financial Services said Patronis’ order was necessary because the current statute doesn’t speak to global pandemics, and it would be an uphill battle for public officials to get covered.

“These folks provide essential state services to protect Florida communities,” DFS told Insurance Journal in an e-mail.