The FWCJUA provides workers compensation and employers liability insurance to Employers consistent with the rules and procedures set forth in its Plan of Operation and in conformance with the rules and rating plans approved for the FWCJUA for use in Florida by the Office of Insurance Regulation.  The FWCJUA has special programs, rating plans, premium payment options and premium credits designed to control costs and provide safer workplaces.  

Special Programs:

MAP Partnership Program  
The FWCJUA has partnered with CompLinx in a program to provide greater access to and assist in the placement of coverage in the voluntary market for Employers applying for or securing coverage through the FWCJUA. CompLinx provides access to workers compensation insurance voluntary markets either directly or through wholesalers. The Insurers represented typically have expanded underwriting guidelines to accept a wide range of classes and loss history due to the FWCJUA surcharged premiums. CompLinx does not sell insurance but assists in the negotiations with Insurers/wholesalers in regards to the commission paid to Agencies/agents. Typically, the “co-broker” commission will be more than the Agency Producer Fee paid on an individual account bound through the FWCJUA making this a win-win situation for all. Authorized Agencies and their Designated Producers may register directly with CompLinx at http://www.complinx.com/ and for a monthly fee submitted directly to CompLinx, will be able to co-broker business with CompLinx to markets the authorized Agency and its Designated Producer(s) may not usually have access to. Otherwise, the authorized Agency and its Designated Producer(s) may continue to submit business “as usual”, at which point the FWCJUA shall run the  application submissions through the CompLinx system. For more information you may contact CompLinx directly at 941-927-9500.

Payroll Service with Premium Withholding Program
This program is optional and available only to eligible Employers with payroll, as it requires an Employer to execute two service agreements with Paychex®, our partner in this program, within 14 calendar days of coverage being bound for the Employer. The two agreements are the Paychex Florida Workers' Compensation Joint Underwriting Association, Inc. Workers' Compensation Payment Service Agreement and the Paychex Services Agreement electing, at a minimum, Taxpay® . The Employer shall be responsible for the payment of all Paychex® fees under these two agreements, and the Employer must maintain his or her agreements with Paychex in good standing throughout the policy period. Failure to timely execute the two required agreements with Paychex or to maintain said agreements in good standing shall result in the cancellation of the Employers policy.
Exception: The following types of Employers shall not be eligible for this program:
(1) labor contractors (e.g., PEO), (2) temporary help services, (3) Employers aware of pending bankruptcy procedures, and (4) Employers who do not report and maintain employees under their policy, and (5) Employers seeking coverage for domestic servants.

Mandatory Safety Program 
The FWCJUA is committed to promoting safety in the workplace through the aggressive pursuit of safety programs for individual employers insured by the FWCJUA.  The FWCJUA shall provide all policyholders through its Service Provider, Travelers, in conformance with generally accepted insurance industry practices and according to the specifications provided below: loss control, safety, and industrial hygiene surveys, consultations, and related services.

Employers applying for or renewing coverage will be required to acknowledge that they will comply with the FWCJUA safety program.  Subsequently, at policy issuance, the FWCJUA through its Service Provider, Travelers, shall notify the employer participation in the safety program is mandatory and provide materials regarding the safety program including standardized, industry-specific safety and loss control practices to with the employer must comply.  The employer will also be notified that failure to demonstrated substantial evidence of compliance or intent to comply with the safety program may result in the cancellation of the employer's policy.  Additionally, the FWCJUA shall issue notices of cancellation if after 30 days from submission of reasonable loss control recommendations the employer has failed to demonstrate substantial evidence of compliance or intent to comply therewith.

Roofers - Special Deposit Program
The FWCJUA requires roofing Employers to estimate an annual payroll or exposure amount based on one employee using one-half the state's annual wage to compute the total estimated annual premium at time of application and/or policy renewal.  If, however, upon final payroll audit no payroll or exposure actually develops, a refund will be made to the Employer adjusting the final earned premium to code 5551's minimum premium plus the flat fee.  (See Miscellaneous Value pages for minimum remuneration to calculate the special deposit.) 

Employee Leasing Arrangements
The FWCJUA requires employee leasing companies to secure coverage for leased workers on a multiple coordinated policy (MCP) basis.  This means that the leasing company shall secure coverage for its direct emplyees under a policy issued in its name while also securing coverage for workers it leases to a client under a policy issued in the client's name.  The policy issued in the client's name provides coverage for the workers leased from the leasing company and does not provide coverage for the clients non-leased workers.  For more details on Employee Leasing Arrangements insured by the FWCJUA follow this link:  Employee Leasing Arrangements.  Should you need to make application for an employee leasing arrangement, please contact a FWCJUA underwriter at (941) 378-7400 for detailed instruction on how to properly submit the applications for both the employee leasing company and their clients on a MCP basis.

FWCJUA Rating Plans:

There are three established rating tiers for various classifications of risk which reflect risk of loss, hazard grade, actual losses, size of premium, and compliance with loss control.

All Employers shall be assigned to one of three rating tiers. The eligibility criteria, applicable rates, applicable surcharges and assessable features for each of the three rating tiers are given below:

Tier One: (Rated and Non-rated Employers with good loss experience)

Eligibility Criteria for Rated Employers:


• Experience modification of less than 1.00 and
• No lost-time claims subsequent to the applicable experience modification rating period and
• Total medical-only claims subsequent to the applicable experience modification rating period did not exceed 20% of premium.

Eligibility Criteria for Non-rated Employers:


• No lost-time claims for the immediately preceding 3 years and
• Total medical-only claims for the immediately preceding 3 years did not exceed 20% of premium and
• Workers compensation coverage was secured for the immediately preceding 3 years and
• Provides the entire loss history with corresponding policy premium generated by prior workers compensation Insurer(s) for the immediately preceding 3 years and
• Not a New Business.

Note:


1. For rated Employers, the phrase “subsequent to the applicable experience rating period” refers to the experience period beginning on the first date immediately following the last date included within the Employer’s applicable experience modification rating, for purposes of securing FWCJUA coverage, through the date immediately preceding the inception or renewal date of the FWCJUA policy.
2. A rated Employer shall provide his or her applicable experience rating worksheet at time of application.
3. A rated Employer shall provide his or her entire loss history with corresponding policy premium generated by his or her prior workers compensation Insurer(s) for the rating period subsequent to the applicable experience rating period through the inception or renewal date of FWCJUA coverage.
4. For non-rated Employers, “immediately preceding 3 years” is defined as 3 years prior to the inception or renewal date of the FWCJUA policy.
5. A non-rated Employer who has not elected to secure workers compensation insurance coverage for his or her operations during any portion of the immediately preceding 3 years is deemed ineligible for Tier One.
6. A rated or non-rated Employer who is unable to produce the required loss history with corresponding policy premium generated by prior workers compensation Insurer(s) is deemed ineligible for Tier One. Exception: If the Employer is unable to provide this information due to the insolvency of an Insurer, the Employer must submit the loss history and corresponding policy premium generated by the Receiver for the insolvent Insurer; however, if the Receiver is unable to produce such information, the Employer may submit an affidavit from the Employer and the Employer’s insurance agent setting forth the loss history and the corresponding policy premium.

Applicable Rates:


FWCJUA rates and minimum premiums

Applicable Surcharges & Fees:


$475 flat fee

28% above voluntary comparable premium. 

Assessable Feature:


Tier 1 is not assessable.

Tier Two: (Rated Employers with moderate loss experience and Non-rated Employers with limited or no loss experience)

Eligibility Criteria for Rated Employers:


Experience modification of equal to or greater than 1.00 but less than or equal to 1.10 and

No lost-time claims subsequent to the applicable experience modification rating period and

Medical only claims that do not exceed 20% of premium subsequent to the applicable experience modification rating period.

Eligibility Criteria for Non-rated Employers:


A New Business or

Less than an immediately preceding 3 years of loss experience with

1. No lost-time claims for the immediately preceding 3 years and
2. Medical-only claims that do not exceed 20% of premium for the immediately preceding 3 years.

Note:


1. For rated Employers, the phrase “subsequent to the applicable experience rating period” refers to the experience period beginning on the first date immediately following the last date included within the Employer’s applicable experience modification rating, for purposes of securing FWCJUA coverage, through the date immediately preceding the inception or renewal date of the FWCJUA policy.
2. A rated Employer shall provide his or her applicable experience rating worksheet at time of application.
3. A rated Employer shall provide his or her entire loss history with corresponding policy premium generated by his or her prior workers compensation Insurer(s) for the rating period subsequent to the applicable experience rating period through the inception or renewal date of FWCJUA coverage.
4. For non-rated Employers, “immediately preceding 3 years” is defined as 3 years prior to the inception or renewal date of the FWCJUA policy.
5. A rated or non-rated Employer who is unable to produce the required loss history with corresponding policy premium generated by prior workers compensation Insurer(s) is deemed ineligible for Tier Two. Exception: If the Employer is unable to provide this information due to the insolvency of an Insurer, the Employer must submit the loss history and corresponding policy premium generated by the Receiver for the insolvent Insurer; however, if the Receiver is unable to produce such information, the Employer may submit an affidavit from the Employer and the Employer’s insurance agent setting forth the loss history and the corresponding policy premium.

Applicable Rates:


FWCJUA rates and minimum premiums

Applicable Surcharges & Fees:


$475 flat fee

124% above voluntary comparable premium. 

Assessable Feature:


Tier 2 is not assessable. 

Tier Three: (Rated and Non-rated Employers with “poor” loss experience)

Eligibility Criteria:


• Includes all insureds within the plan that are not eligible for Tier One or Tier Two.

Applicable Rates:


• FWCJUA rates and minimum premiums

Applicable Surcharges & Fees:

• $475 flat fee
• 124% above comparable premium and the Assigned Risk Adjustment Program (ARAP).

Assessable Feature:

• Tier 3 is an assessable rating tier. Employers qualifying for Tier 3 shall receive an assessable policy and shall be required to contribute on a pro-rata-earned-premium basis the money necessary to meet any assessment levied to cover any deficit attributable to Tier 3. Participants in Tier 3 may be assessed more than once, and any assessment may be made either while the Tier 3 policy is in effect or at any time after the termination, expiration or cancellation of the Tier 3 policy. Assessments levied against Tier 3 participants shall cover only the deficits attributable to Tier 3.

Employers are required to meet the eligibility criteria for Tiers 1, 2 and 3 at inception of a new or renewal policy, and the tier assignment shall apply throughout the policy period unless the tier assginment was incorrectly assigned or the Employer's experience rating modification or loss history report(s) with corresponding policy premium generated by prior workers compensation Insurer(s) valued as of the date immediately preceding the effective date of the new or renewal policy does not support the tier assignment.

Assigned Risk Adjustment Program (ARAP)(This Program only applies to Tier 3)
Eligibility:  An Employer shall be eligible for the Assigned Risk Adjustment Program if it is eligible for an experience rating modification and it qualifies for Tier 3.  The application of this program is mandatory for all eligible Insureds and shall apply to all policies written for such Insureds.  If an ARAP surcharge factor exists for an Employer qualifying for Tier 1 or Tier 2 it should not be applied to the FWCJUA policy.

Waiver of Subrogation
The advisory Waiver of Our Right to Recover from Others Endorsement (WC 00 03 13) may be attached to the Standard FWCJUA Policy to provide a waiver of subrogation only if required of the insured Employer by contract.  The additional premium charge for a waiver of subrogation shall be 5% of the manual premium developed in conjunction with the work for which that waiver is provided, subject to a $250.00 minimum charge for the waiver.

Premium Payment Options:

Payment in Full of the Total Estimated Annual Premium (TEAP)
All Employers may pay their TEAP in full at policy inception.  If the Employer elects to pay its TEAP through an arrangement with a premium finance company, a copy of the signed premium finance agreement must be submitted with the Application for Coverage.  The finance agreement will often require the Employer to sign over to the finance company two important rights: (1) the right to cancel the policy should the Employer fail to meet a payment as required in the agreement and (2) the right of the finance company to receive return premiums, whether the policy is cancelled or not.  The FWCJUA must have a copy of the premium finance agreement to determine and acknowledge the finance company's rights.

Deposit & Advance Premium Requirements
Deposit Premium:  A deposit premium may be required to secure or renew coverage in the FWCJUA. At final audit, the collected deposit premium shall be applied to any earned premium due or to the renewal premium (not to any renewal deposit premium that may be required). The amount of deposit premium is dependent upon the total estimated annual premium.

1.  Total Estimated Annual Premium less than or equal to $4,000:  If total estimated annual premium is less than or equal to $4,000, the amount of deposit premium payable shall be equal to 50% of the total estimated annual premium.

2.  Total Estimated Annual Premium greater than $4,000:  If, total estimated annual premium is greater than $4,000, a deposit premium shall not be required.
Exceptions to 2:
      a.  Any person who has been delinquent in the payment of premium, assessments, penalties, fees or surcharges owed to the FWCJUA on previous insurance may be required to send funds sufficient to establish a deposit premium equal to 50% of the total estimated annual premium.
      b.  Any person delinquent in the payment of premium, assessments, penalties, fees or surcharges owed to the FWCJUA will be required to pay the debt in full prior to obtaining additional insurance through the FWCJUA and may be required to send funds sufficient to establish a deposit premium equal to 50% of the total estimated annual premium.
Exception to a:  If less than 5% additional premium inclusive of fees and surcharges develops for the first policy year and through the second consecutive policy year, the Insured shall not be required to pay a deposit premium for the third consecutive policy year and for each consecutive policy year thereafter provided additional premium generated for each policy year is less than 5% inclusive of surcharges. 

Advance Premium:  The amount of advance premium is dependent upon the total estimated annual premium.

1.  Total Estimated Annual Premium less than or equal to $1,000:  If total estimated annual premium is less than or equal to $1,000, the amount of advance premium payable shall be equal to the total estimated annual premium.

2.  Total Estimated Annual Premium greater than $1,000:  If the total estimated annual premium exceeds $1,000, the amount of advance premium payable shall be at least 50% of total estimated annual premium, but not less than $1,000. In addition, payments equal to the remaining balance in three equal payments rounded upward to the nearest dollar are payable three (3) months, six (6) months, and nine (9) months from policy inception.

Optional Payroll Service with Premium Withholding Program
(1)Eligibility:  This program is optional and available only to eligible Employers with payroll, as it requires an Employer to execute an application agreement, and within fourteen (14) calendar days of coverage being bound for the Employer, the required service agreement(s) with an FWCJUA authorized Payroll Service Partner.  The Employer shall be responsible for the payment of all the Payroll Service Partner's fees under the required service agreement(s), and the Employer must maintain his or her agreement(s) with the Payroll Service Partner in good standing throughout the policy period.  Failure to timely execute the required services agreement(s) with an FWCJUA authorized Payroll Service Partner or to maintain said agreement(s) in good standing shall result in the cancellation of the Employer's policy. 
Exception:  The following types of Employers shall not be eligible for this program: 
(a) labor contractors (e.g., PEO),
(b) temporary help services,
(c) Employer aware of pending bankruptcy procedures,
(d) Employers who do not report and maintain employees under their policy,
(e) Employers seeking coverage for domestic servants, and
(f) Employers whose operations are seasonal.

(2)  FWCJUA Authorized Payroll Service Partners with respective required application and service agreements:
          (a)  Paychex
                 1.  Application agreement:  FWCJUA Payroll Service with Premium Withholding Agreement (FWCJUA 04 04)
                 2.  Service agreements:
                      a.  Paychex Florida Workers' Compensation Joint Underwriting Association, Inc. Workers' Compensation Payment Service Agreement, and
                      b.  Paychex Services Agreement electing, at a minimum Taxpay.

(3)  Modified Deposit and Advance Premium Requirements:  An Employer, who chooses to participate in this program by completing the required application agreement, for the Employer's selected FWCJUA authorized Payroll Service Partner, shall be required to submit an advance premium equal to  1/6 of his or her total estimated annual premium plus the $475 application fee, regardless of the Employer's total estimated annual premium.  The Employer shall not be required to submit a deposit premium, regardless of the Employer's total estimated annual premium.

Exceptions to Deposit and Advance Premium Requirements:  Any person aware of pending bankruptcy proceedings shall be required to submit to the FWCJUA 100% of the total estimated annual premium and the required deposit premium, if applicable, as well as copies of monthly trustee reports, within five (5) business days of filing with the bankruptcy court.

The deposit and advance premium requirements rule is followed by the Service Provider.  The Service Provider, based on sound underwriting practices, has the right to make appropriate changes in the premium installment payment program due to an interim audit.  The Service Provider will give the reasons for any change. 

Total estimated annual premium and final policy premium are subject to verification and audit by the FWCJUA.  This may result in additional premium due or in the return of premium.

Available Premium Credits:

Florida Drug-Free Workplace Premium Credit
The premium for an Employer may be reduced by 5% for an Employer who has certified that it has established a drug-free workplace in accordance with the rules as established by the Division of Workers' Compensation of the Florida Department of Financial Services. The premium credit shall be applied to the insured's policy pro rata as of the date of receipt of certification by the Service Provider. Certification is required for each year in which a premium credit is permitted under this program. For more details or to print an application for the Drug-Free Workplace Premium Credit program, please refer to the FWCJUA Operations Manual.

Employer Safety Premium Credit 
The premium for an Employer shall be reduced by 2% for an Insured which has certified that it has established a Safety Program in accordance with Section 440.1025., Florida Statutes.  The premium credit shall be applied to the Insured's policy pro rata as of the date of certification by the Employer.  Self-certification by the Employer may be accomplished by completing Florida Form 09-3 and is subject to physical verification by the FWCJUA or its Service Provider and/or Division of Workers Compensation.  Certification is required for each year in which premium credit is permitted under this program and is based upon evidence contained in the file of the insurer at the time the credit is allowed.  for more details or to print an application for the Certification of Employer Workplace Safety Program Premium Credit, please refer to the FWCJUA Operations Manual 

Florida Contracting Classification Premium Adjustment Program (FCCPAP)
The Florida Contracting Classification Premium Adjustment Program provides for a premium credit for a policy that contains one or more contracting classifications.  The credit applies commencing with the anniversary date occurring in the current calendar year.  For those contractors who meet the eligibility requirements, the FWCJUA offers the premium credit associated with the Florida Contracting Classification Premium Adjustment Program. The eligibility requirements and specific rules for calculating the premium discounts are available by consulting the FWCJUA Operations Manual or by contracting NCCI at 1-800-622-4123 or via the internet at http://www.ncci.com/.

Coverage Information:

Admiralty Law 
Only the $25,000 standard limit of liability under Part Two-Employers' Liability Insurance for admiralty insurance under Program I or II is available through the FWCJUA.  Increased limits are not available.

A separate minimum premium of $100 Program I, $200 Program II, applies to a policy which includes classifications for operations subject to admiralty law.  Such minimum premium is the lowest premium for insurance admiralty operations and it shall apply in addition to the minimum premium or premium for other operations on such a policy.  It is not subject to an experience rating modification.

Coverage in Other States
Coverage for Florida employers working in other states on an incidental, unanticipated basis is provided under the basic FWCJUA policy.  Employers assigned for any period of time or permanently located in another state require a separate policy in that state. 

Outstanding Debt
Any person delinquent in the payments of premium assessments, penalties, or surcharges owed to any carrier will be required to pay the debt in full prior to obtaining insurance through the FWCJUA.

For more information on any of these special products and/or programs, please call an FWCJUA representative at 941-378-7400 or e-mail underwriting@fwcjua.com.

Committing FRAUD is a crime!