For Employers

bullet Expedited dispute resolution system
bullet Earlier return to work
bullet Reduced litigation and associated expense
bullet Increased control of experience modifier

Recognizing the efficiencies that the collective bargaining process could bring to workers’ compensation, the 1994 Florida Legislature enacted Chapter 440.211 F.S., allowing collectively bargained employers to provide for their workers’ compensation in a unique way. Working in close collaboration with insurance industry experts, a labor-management Oversight Committee representing all the Florida construction trades created the Negotiated Workers’ Compensation Insurance Program (NWCIP) for collectively bargained employers in the construction industry.

A three party master agreement designated as the “Negotiated Workers’ Compensation Agreement” was created and executed by the Building and Construction Trades Councils and their affiliated local unions. See the Forms section for a copy of this Agreement. Approved insurance carriers become party to the agreement upon acceptance by the Oversight Committee.

Employers move in and out of the agreement, subject to their desire to utilize an ADR claims process and their decision to place their workers’ compensation coverage with approved, participating insurance companies. Participating employers execute the Employers’ Memorandum of Understanding annually. See the forms section for a copy of the Memorandum.

The program is not designed simply to provide a new venue to resolve disputes but rather to eliminate them by providing timely access to quality medical care and prompt wage loss benefits. When, however, disputes do arise, they are heard in an alternative dispute resolution (ADR) process which is binding on all parties. Beginning with Ombudsman contact, the process allows for mediation and arbitration if a dispute arises. The process discourages the use of defense or plaintiff attorneys in the early stages of the dispute. The structure of the ADR process encourages a faster return-to-work, or faster claim settlement, and avoids extraneous employment issues.

The history of collectively bargained programs demonstrates that the 3 step ADR process significantly reduces litigation. Details of the ADR process may be found in the Union Members section. Claims can be closed sooner and reserves adjusted accordingly. This directly impacts experience modifications and the cost of workers’ compensation for years to come.

A joint Labor-Management Board of Trustees provides oversight for the program. See Overview section for a list of Oversight Committee members. The Program partners with “A” rated insurance carriers to provide workers’ compensation insurance to participating employers. See Insurance Partners section. Insurance carriers must meet the performance criteria established by the Oversight Committee and must agree to abide by the rules and regulations established by the Committee. The Oversight Committee meets quarterly to conduct such performance reviews and to coordinate efforts with our insurance partners to improve the experience of everyone involved in the program. Every attempt is made to insure that every part of the system is transparent to all parties.