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Workers' comp for film crews in Florida

A grip hurts their back moving a dolly track. A production assistant trips over a cable in the dark. On a film set, injuries are a matter of when, not if, and workers' compensation is what pays the medical bills and lost wages. In Florida, it is also a legal requirement for most productions with a crew.

When Florida requires it

According to Florida's Division of Workers' Compensation:

Officer and member exemptions

Owners can choose not to cover themselves. The Division explains that a corporate officer listed with the Florida Department of State, or an LLC member who owns at least 10 percent of the company, can apply for an exemption. No more than 10 members of one LLC can be exempt.

An exempt owner is not counted as an employee and is not covered: if they are hurt on set, they cannot collect workers' compensation benefits. An exemption applies only to the owner who holds it, never to the crew.

Productions based outside Florida

If your company is based in another state and shoots in Florida, the Division says you must tell your workers' compensation insurer that you are working in Florida. If you have no coverage, you need a Florida workers' compensation policy from an insurer approved in Florida.

Hiring through a payroll company

Many productions pay crew through an entertainment payroll company, which often acts as the employer of record and carries workers' compensation for the crew it pays. If you use one, ask for its certificate of insurance and confirm which people it covers. Anyone you pay directly, outside the payroll company, may still be your responsibility.

Contractors and subcontractors

Calling crew members independent contractors does not by itself settle who must cover them; the working relationship matters. The Division also notes that a contractor is responsible for injuries to a subcontractor's workers if the subcontractor has no coverage. Collect certificates from vendors and subcontractors who bring their own people to set.

Before the first shoot day

  1. Count everyone you pay, including owners who are officers or members.
  2. Decide whether any owner will use an exemption, and file it before the shoot.
  3. If you use a payroll company, get its certificate and confirm who it covers.
  4. If your company is based in another state, tell your insurer about the Florida shoot.
  5. Keep vendors' and subcontractors' certificates on file.

Rules differ in every state; this article covers Florida only.

Sources

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