Fla. Stat. § 440.01
Short title
This chapter may be cited as the “Workers’ Compensation Law.”
Florida Statutes Chapter 440 — WORKERS' COMPENSATION
Florida · statute · Fla. Stat. ch. 440 · 92 active provisions
Fla. Stat. § 440.015
Legislative intent
It is the intent of the Legislature that the Workers’ Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer. It is the specific intent of…
Fla. Stat. § 440.02
Definitions
When used in this chapter, unless the context clearly requires otherwise, the following terms shall have the following meanings:(1) “Accident” means only an unexpected or unusual event or result that happens suddenly. Disability or death due to the accidental acceleration or aggravation of a venereal disease or of a di…
Fla. Stat. § 440.021
Exemption of workers’ compensation from chapter 120
Workers’ compensation adjudications by judges of compensation claims are exempt from chapter 120, and no judge of compensation claims shall be considered an agency or a part thereof. Communications of the result of investigations by the department pursuant to s. 440.185(3) are exempt from chapter 120. In all instances…
Fla. Stat. § 440.03
Application
Every employer and employee as defined in s. 440.02 shall be bound by the provisions of this chapter.
Fla. Stat. § 440.04
Waiver of exemption
(1) Every employer having in her or his employment any employee not included in the definition “employee” or excluded or exempted from the operation of this chapter may at any time waive such exclusion or exemption and accept the provisions of this chapter by giving notice thereof as provided in s. 440.05, and by so do…
Fla. Stat. § 440.05
Election of exemption; revocation of election; notice; certification
(1) Each corporate officer who elects not to accept the provisions of this chapter or who, after electing such exemption, revokes that exemption shall submit to the department notice to such effect in accordance with a form to be prescribed by the department.(2) Each sole proprietor or partner who elects to be included…
Fla. Stat. § 440.055
Notice requirements
An employer who employs fewer than four employees, who is permitted by law to elect not to secure payment of compensation under this chapter, and who elects not to do so shall post clear written notice in a conspicuous location at each worksite directed to all employees and other persons performing services at the work…
Fla. Stat. § 440.06
Failure to secure compensation; effect
Every employer who fails to secure the payment of compensation, as provided in s. 440.10, by failing to meet the requirements of s. 440.38 may not, in any suit brought against him or her by an employee subject to this chapter to recover damages for injury or death, defend such a suit on the grounds that the injury was…
Fla. Stat. § 440.075
When corporate officer rejects chapter; effect
Every corporate officer who elects to reject this chapter shall, in any action to recover damages for injury or death brought against the corporate employer, proceed as at common law, and the employer in such suit may avail itself of all defenses that exist at common law.
Fla. Stat. § 440.077
When a corporate officer rejects chapter, effect
An officer of a corporation who is permitted to elect an exemption under this chapter and who elects to be exempt from the provisions of this chapter may not recover benefits under this chapter.
Fla. Stat. § 440.09
Coverage
(1) The employer must pay compensation or furnish benefits required by this chapter if the employee suffers an accidental compensable injury or death arising out of work performed in the course and the scope of employment. The injury, its occupational cause, and any resulting manifestations or disability must be establ…
Fla. Stat. § 440.091
Law enforcement officer, firefighter, emergency medical technician, or paramedic; when acting within the course of employment
(1) If an employee:(a) Is elected, appointed, or employed full time by a municipality, the state, or any political subdivision and is vested with authority to bear arms and make arrests and the employee’s primary responsibility is the prevention or detection of crime or the enforcement of the penal, criminal, traffic,…
Fla. Stat. § 440.092
Special requirements for compensability; deviation from employment; subsequent intervening accidents
(1) RECREATIONAL AND SOCIAL ACTIVITIES.—Recreational or social activities are not compensable unless such recreational or social activities are an expressly required incident of employment and produce a substantial direct benefit to the employer beyond improvement in employee health and morale that is common to all kin…
Fla. Stat. § 440.093
Mental and nervous injuries
(1) A mental or nervous injury due to stress, fright, or excitement only is not an injury by accident arising out of the employment. Nothing in this section shall be construed to allow for the payment of benefits under this chapter for mental or nervous injuries without an accompanying physical injury requiring medical…
Fla. Stat. § 440.094
Extraterritorial reciprocity
(1) If an employee in this state subject to this chapter temporarily leaves the state incidental to his or her employment and receives an accidental injury arising out of and in the course of employment, the employee is, or the beneficiaries of the employee if the injury results in death are, entitled to the benefits o…
Fla. Stat. § 440.10
Liability for compensation
(1)(a) Every employer coming within the provisions of this chapter shall be liable for, and shall secure, the payment to his or her employees, or any physician, surgeon, or pharmacist providing services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16. Any contractor o…
Fla. Stat. § 440.101
Legislative intent; drug-free workplaces
(1) It is the intent of the Legislature to promote drug-free workplaces in order that employers in the state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and…
Fla. Stat. § 440.102
Drug-free workplace program requirements
The following provisions apply to a drug-free workplace program implemented pursuant to law or to rules adopted by the Agency for Health Care Administration:(1) DEFINITIONS.—Except where the context otherwise requires, as used in this act:(a) “Chain of custody” refers to the methodology of tracking specified materials…
Fla. Stat. § 440.1025
Employer workplace safety program in ratesetting; program requirements; rulemaking
(1) For a public or private employer to be eligible for receipt of specific identifiable consideration under s. 627.0915 for a workplace safety program in the setting of rates, the employer must have a workplace safety program. At a minimum, the program must include a written safety policy and safety rules, and make pr…
Fla. Stat. § 440.103
Building permits; identification of minimum premium policy
Every employer shall, as a condition to applying for and receiving a building permit, show proof and certify to the permit issuer that it has secured compensation for its employees under this chapter as provided in ss. 440.10 and 440.38. Such proof of compensation must be evidenced by a certificate of coverage issued b…
Fla. Stat. § 440.104
Competitive bidder; civil actions
(1) Any person engaged in the construction industry, as provided in s. 440.02, who loses a competitive bid for a contract shall have a cause of action for damages against the person awarded the contract for which the bid was made, if the person making the losing bid establishes that the winning bidder knew or should ha…
Fla. Stat. § 440.105
Prohibited activities; reports; penalties; limitations
(1)(a) Any insurance carrier, any individual self-insured, any commercial or group self-insurance fund, any professional practitioner licensed or regulated by the Department of Health, except as otherwise provided by law, any medical review committee as defined in s. 766.101, any private medical review committee, and a…
Fla. Stat. § 440.1051
Fraud reports; civil immunity; criminal penalties
(1) The Bureau of Workers’ Compensation Insurance Fraud of the Division of Criminal Investigations of the department shall establish a toll-free telephone number to receive reports of workers’ compensation fraud committed by an employee, employer, insurance provider, physician, attorney, or other person.(2) Any person…
Fla. Stat. § 440.106
Civil remedies; administrative penalties
(1) Whenever any circuit or special grievance committee acting under the jurisdiction of the Supreme Court finds probable cause to believe that an attorney has violated s. 440.105, such committee may forward to the appropriate state attorney a copy of the findings of probable cause and a copy of the report being filed…
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