When Is A Stop Work Order Released & How to Avoid One in the Future?
If your business has undergone an investigation that has resulted in a stop work order, by the Florida Division of Workers’ Compensation, you may be wondering when you can expect it to be released. Basically, the stop work order in Florida stays until the Division issues an order to release it.
In order to release the order, the Division will acknowledge that the business or employer has now achieved compliance with Workers’ Compensation coverage requirements, as well as paying for any penalties that have been assessed.
If the fines are considerable, there is a solution. You may still reverse a stop work order if the department finds that you are in compliance with the coverage requirements. You must also provide an agreement that you will pay the penalties under a fee schedule.
This is called a conditional release. In order for it to be done, you must first make a payment of $1000 or more, or, 10% of the total payment; and agree to pay the remainder up to 60 consecutive monthly installments.
A conditional release also places a lien on the interest of the employer and property, much like a mortgage would on a property.
If the employer is a corporation, the lien will be imposed on the officers, directors, shareholders, etc. who own a controlling interest, and in this instance, will be considered the employer.
In the future, in order to avoid another stop work order, it’s best to comply by guidelines given out by Florida Division of Workers’ Compensation.
This means that for each worker or employee you hire, you need to secure their insurance coverage. It’s important to be truthful when filling out their forms, and including all pertinent employee data.
It can be illegal to list certain amounts on workers’ forms and others in your ledger. Any other false or inaccurate statements, or amounts, can lead you into trouble during an audit.
If your business is issued a future stop work order, it’s important to comply, until the investigation is done. You should note that if you do have a second violation, it can be deemed a knowing act and lead to criminal charges.
Stop work orders Florida can become complicated, so it’s best to hire an attorney if you suspect that a Florida Division of Workers’ Compensation investigation may not be in your favor—one that could lead to a stop work order. It’s especially important if it’s your second violation, as you need to prevent any delays while getting through the process.