The bill amends Florida Statutes concerning occupational injury benefit plans, specifically defining the role and responsibilities of Qualified Compensation Alternative (QCARE) employers. It introduces a new definition for employees under section 440.02, which now includes employees of QCARE employers, and clarifies that these employers are only subject to certain provisions of Chapter 440. The legislation allows employees of QCARE employers to file negligence claims against their employers, provided they can establish proof of negligence, while also detailing the defenses available to employers in such cases.
Additionally, the bill sets forth specific requirements for the occupational injury benefit plans that QCARE employers must adopt. These plans are mandated to cover medical expenses for at least 156 weeks, with a cap of $300,000 per employee, and provide lost wage compensation of at least 75% of the employee's average weekly wages for the same period. Death benefits of no less than $150,000, payable in monthly installments, along with funeral expenses up to $10,000, are also required. QCARE employers must demonstrate financial responsibility, ensuring they can cover claims through insurance or self-funding, and they cannot charge employees for the benefits provided under the plan. The act is scheduled to take effect on September 1, 2026.
Statutes affected: S 1426 Filed: 440.03, 440.06, 440.14, 440.385