Recap of a recent FCCI denial. Who Pays When Subcontractors Lack Workers’ Comp? A Recent Florida Decision Helps Injured Roofers
When disaster work ramps up after a hurricane, multiple layers of contractors and subcontractors often race to get roofs covered—and that’s exactly when coverage disputes can arise. A recent Final Compensation Order from the Ft. Myers Office of the Judges of Compensation Claims sheds light on a key question: who is legally responsible to provide workers’ compensation benefits when the injured worker’s immediate employer lacks proper coverage? This dispute centered around whether there was no coverage, FCCI insurance covered the claim, or Accident Fund had coverage. The FCCI denial was overturned and FCCI was found liable to provide coverage.
The Case in Brief
- The claimant, a 35-year-old roofer, traveled to Florida for post–Hurricane Ian tarp work and was injured his first day on the job after falling from a one‑story roof, hurting his spine and both knees. He was working for Lenin’s Construction LLC, a subcontractor on a FEMA Blue Tarp project. He had worked for several successive years on the post-Hurricane projects across the Southeast. Outside of Hurricane season, he worked construction.
- The contracting chain ran: Hughes Construction Services, LLC (general contractor on the FEMA project) → C&G Emergency Response (subcontractor) → Lenin’s Construction LLC (sub‑subcontractor and claimant’s employer).
- C&G had no Florida workers’ comp coverage on the accident date; Hughes did. The dispute centered on whether Accident Fund’s policy covered Lenin’s Construction LLC.
The Legal Issue
The judge bifurcated the case to decide: who is the responsible employer or statutory employer, and which carrier has coverage? The core fight was whether Accident Fund insured Lenin’s Construction LLC for Florida work on the accident date or whether FCCI was the correct carrier for the claimant – insuring the general contractor.
Key Evidence on Coverage
- Accident Fund issued a workers’ comp policy to “Lenin Zelaya Medina, sole proprietor,” for DC and Virginia—not to Lenin’s Construction LLC. No endorsement added the LLC or a d/b/a.
- A “Certificate of Liability Insurance” referencing “c/o Lenin’s Construction LLC” was rejected as not genuine: it listed policy limits that didn’t match and used date formats Accident Fund doesn’t use. The judge gave it no evidentiary weight.
- Result: Lenin’s Construction LLC was not a named insured; Accident Fund had no duty to cover this Florida accident under that policy.
The “Other States” Provision—And Why It Didn’t Save Coverage
Even assuming Lenin’s Construction LLC had been insured, Accident Fund’s Residual Market Limited Other States Insurance Endorsement required all three conditions to be met: a) Hiring or principal employment in a listed 3.A. state (here, DC or Virginia); b) No obligation under the other state’s law to carry separate coverage (and no other coverage in place); c) Temporary work in the other state.
- The judge found the Florida work was temporary (about five weeks).
- But two prongs failed:
- Florida law required separate workers’ comp for construction companies with one or more employees, so condition (b) wasn’t met.
- The claimant was not principally employed in DC or Virginia when hired for this job, and the contract wasn’t made in DC or Virginia, so condition (a) wasn’t met.
Bottom line: the Other States endorsement didn’t apply; Accident Fund still had no coverage here.
The Outcome: Statutory Employer Liability
Because Lenin’s Construction LLC (the direct employer) had no applicable Florida coverage and C&G also lacked Florida coverage, Florida’s statutory employer doctrine placed responsibility on the upstream contractor with valid Florida coverage—Hughes Construction and its carrier, FCCI. FCCI is responsible for providing the claimant’s workers’ compensation benefits.
What This Means for Injured Workers
- You don’t have to figure out who writes your checks to get benefits. If your direct employer or subcontractor doesn’t have valid Florida coverage, the law can shift responsibility up the chain to the statutory employer and its insurer.
- Don’t rely on certificates that look “” Courts look to the actual policy, named insureds, endorsements, and where the contract was made and work performed.
Injured Doing Disaster or Construction Work in Florida? We Can Help.
If you were hurt on a construction or storm‑response job and are being told “there’s no coverage,” don’t assume that’s the end of the story. We know how to trace the contracting chain, test the policy language, and enforce statutory employer liability so you get medical care and lost‑wage benefits.
Call us today for a free consultation. No fee unless we win benefits for you.
Case Reference: Final Compensation Order, OJCC Case No. 24-024353JAW (Accident date 10/10/2022; Order dated 9/9/2025), Judge Jack A. Weiss, Ft. Myers District Office.