Worker’s Compensation Audits for Lack of Insurance Coverage in Florida

2. Florida Legal Context

Under Fla. Stat. Chapter 440, most Florida employers with 4 or more employees (and all construction employers with 1 or more) are required to carry workers’ compensation coverage.

Key enforcement provisions include:

• Fla. Stat. § 440.107 – Authorizes DFS to conduct investigations and audits
• Stop-Work Orders (SWOs) – Can be issued for failure to secure coverage
• Penalty Assessments – Often calculated as 1.5 times the premiums that should have been paid over a 2-year lookback period
• Independent Contractor Misclassification – Can result in reclassification and massive penalty assessments

Appeals and settlement are available but require prompt, strategic response.

3. Real-World Application

Scenarios triggering audits or enforcement actions:

• An injured worker files a claim, triggering an investigation into whether coverage was in place
• A business is reported for operating in the construction industry without valid coverage
• A random DWC site inspection reveals undocumented or misclassified workers
• A payroll audit reveals discrepancies between payroll reported and actual payments
• An LLC claims it has no employees but is found to be using subcontractors regularly

4. Why It Matters for Clients

The consequences of a workers’ comp audit can be severe:

• Six-figure penalties are not uncommon
• Stop-work orders can immediately halt operations statewide
• You may be unable to pull permits, bid on jobs, or maintain licensing
• Personal liability may attach to owners of small businesses or LLCs
• Insurance premiums may be drastically increased going forward

Delays or inaction can cost more than fighting the issue early.

5. How Our Law Firm Can Help

We represent Florida businesses in:

• Responding to DFS audit notices and subpoenas
• Challenging SWOs and penalty calculations
• Negotiating audit settlements and payment plans
• Reclassifying workers properly and proactively
• Filing petitions for administrative review or appeal
• Avoiding repeat violations and advising on compliance strategies

We also work with your payroll provider and insurance broker to ensure future audits go smoothly.

6. FAQs (Frequently Asked Questions)

Q: What triggers a worker’s comp audit in Florida?
A: Audits may be triggered by claims, anonymous reports, prior violations, random inspections, or discrepancies in payroll filings.

Q: What is a Stop-Work Order and how do I get it lifted?
A: A SWO prohibits your business from operating. It is lifted only after you pay the required penalty or make acceptable arrangements with the state.

Q: Are LLC members or officers exempt from workers’ comp?
A: Not automatically. You must file specific exemption forms and comply with all statutory conditions.

Q: Can I appeal the penalty amount?
A: Yes. You can request a review, submit evidence of proper classification or exemptions, and negotiate a settlement.

Q: What’s the difference between an insurance company audit and a state enforcement audit?
A: Carriers conduct premium audits. DFS conducts enforcement audits—often with harsher penalties and statewide impact.

7. How to Retain Our Law Firm

Depending on the case type, we offer different retainer options such as:

• 1-Hour Strategy Consultations: A high-impact session with the litigation attorney to assess your legal issues, review documents, answer questions, develop a legal roadmap and provide litigation budget. Consult Fee: $500.00 for the first 1-Hour.

• Traditional Initial Retainer: Pay an upfront initial retainer, and we bill at an hourly rate. Once the initial retainer is exhausted, we require an additional retainer. Retainer amount varies on a case-by-case basis.

• Hybrid Paid Retainer: Pay an upfront initial retainer, and we bill at an hourly rate. Once we exhaust the initial retainer, you pay a flat monthly rate until the conclusion of the case.

• Hybrid Contingency Retainer: Pay a one-time upfront initial retainer, the remaining attorney compensation will be received as a contingency once the case concludes. 

• Flat Fee Retainer: In certain circumstances, we may offer a flat fee litigation retainer. 

• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program). If you are a business and sign up as a BELAW Member (read below), you will receive initial litigation retainer and attorney fee discounts. Depending on your membership tier, our members may receive 50% to 100% waiver of the initial retainer.

All consultations are available in-person, by phone, or virtually. At the time of the consultation, you will officially be provided with the retainer options.

8. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

• Call or text us at (813) 254-1777
• Or fill out the secure contact form below

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A member of our team will respond promptly to schedule your consultation.

9. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

• Call or text: (813) 254-1777
• Email: info@blackrocklaw.com
• Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

10. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez, a seasoned litigator who has been trying cases in courtrooms across Florida since June 2004.

Gil practices in Florida state courts and in all three Florida federal districts, with jury trial experience in both state and federal court. He has litigated against some of the largest corporations in the United States, securing justice for both individuals and businesses as plaintiffs and defendants.

Over the past two decades, Gil has successfully handled a broad spectrum of civil and commercial litigation matters, including breach of contract, fraud, negligence, business disputes, consumer rights, real estate conflicts, torts, and more. His exposure to over 10 different areas of law gives him a rare, multidimensional perspective that most trial lawyers lack — allowing him to quickly identify issues, craft compelling arguments, and outmaneuver opposing counsel.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida, one of the country’s top public institutions. His unique blend of legal experience, business acumen, and real-world insight makes him not just a lawyer — but a powerful legal strategist.

Gil has been featured on CNN, ABC’s 20/20, and other major media outlets for his role in high-profile litigation. He’s also played a part in shaping Florida law, having helped pass legislation protecting the unborn — a testament to his ability to fight not only in court but also in the legislative arena.

Beyond the courtroom, Gil is a successful entrepreneur, licensed business broker (since 2007), adjunct professor of entrepreneurship, patented inventor, and bilingual advisor fluent in Spanish. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his ability to connect legal, business, and personal insight means clients get more than just legal counsel — they get a trusted partner.

Most importantly, Gil is a spiritual family man — a husband and father of three — whose values of empathy, integrity, and tenacity drive every case he takes.

11. The Law Firm’s Geographical Reach

We proudly represent people and businesses across Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

12. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.