Chapter 440 — Chapter 440
92 sections in this chapter.
Fla. Stat. § 440.01 Short title
0.1K chars
This chapter may be cited as the “Workers’ Compensation Law.”
Fla. Stat. § 440.015 Legislative intent
1.7K chars
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…
Fla. Stat. § 440.02 Definitions
59.3K chars
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 aggr…
Fla. Stat. § 440.021 Exemption of workers’ compensation from chapter 120
1.1K chars
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 ex…
Fla. Stat. § 440.03 Application
0.1K chars
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
2.6K chars
(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 thereo…
Fla. Stat. § 440.05 Election of exemption; revocation of election; notice; certification
18.7K chars
(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 proprie…
Fla. Stat. § 440.055 Notice requirements
0.4K chars
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…
Fla. Stat. § 440.06 Failure to secure compensation; effect
0.5K chars
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 …
Fla. Stat. § 440.075 When corporate officer rejects chapter; effect
0.3K chars
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
0.2K chars
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
19.7K chars
(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 man…
Fla. Stat. § 440.091 Law enforcement officer, firefighter, emergency medical technician, or paramedic; when acting within the course of employment
5.6K chars
(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 enfor…
Fla. Stat. § 440.092 Special requirements for compensability; deviation from employment; subsequent intervening accidents
5.2K chars
(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 hea…
Fla. Stat. § 440.093 Mental and nervous injuries
4.0K chars
(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 accomp…
Fla. Stat. § 440.094 Extraterritorial reciprocity
5.5K chars
(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 …
Fla. Stat. § 440.10 Liability for compensation
10.6K chars
(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.…
Fla. Stat. § 440.101 Legislative intent; drug-free workplaces
3.2K chars
(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 wit…
Fla. Stat. § 440.102 Drug-free workplace program requirements
65.3K chars
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 meth…
Fla. Stat. § 440.1025 Employer workplace safety program in ratesetting; program requirements; rulemaking
1.5K chars
(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 saf…
Fla. Stat. § 440.103 Building permits; identification of minimum premium policy
1.3K chars
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 evidenc…
Fla. Stat. § 440.104 Competitive bidder; civil actions
5.0K chars
(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 t…
Fla. Stat. § 440.105 Prohibited activities; reports; penalties; limitations
22.6K chars
(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…
Fla. Stat. § 440.1051 Fraud reports; civil immunity; criminal penalties
1.9K chars
(1) The Bureau of Workers’ Compensation Insurance Fraud of the Division of Investigative and Forensic Services of the department shall establish a toll-free telephone number to receive reports of workers’ compensation fraud committed by an employee, employer, insurance provider, …
Fla. Stat. § 440.106 Civil remedies; administrative penalties
3.8K chars
(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 cau…
Fla. Stat. § 440.107 Department powers to enforce employer compliance with coverage requirements
29.6K chars
(1) The Legislature finds that the failure of an employer to comply with the workers’ compensation coverage requirements under this chapter poses an immediate danger to public health, safety, and welfare.(2) For the purposes of this section, “securing the payment of workers’ comp…
Fla. Stat. § 440.108 Investigatory records relating to workers’ compensation employer compliance; confidentiality
3.6K chars
(1) All investigatory records made or received pursuant to s. 440.107 and any records necessary to complete an investigation held by the department are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigati…
Fla. Stat. § 440.11 Exclusiveness of liability
11.1K chars
(1) The liability of an employer prescribed in s. 440.10 shall be exclusive and in place of all other liability, including vicarious liability, of such employer to any third-party tortfeasor and to the employee, the legal representative thereof, husband or wife, parents, dependen…
Fla. Stat. § 440.12 Time for commencement and limits on weekly rate of compensation
8.1K chars
(1) Compensation is not allowed for the first 7 days of the disability, except for benefits provided under s. 440.13. However, if the injury results in more than 21 days of disability, compensation is allowed from the commencement of the disability.(a) All weekly compensation pay…
Fla. Stat. § 440.125 Medical records and reports; identifying information in employee medical bills; confidentiality
0.7K chars
Any medical records and medical reports of an injured employee and any information identifying an injured employee in medical bills which are provided to the department, pursuant to s. 440.13, are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of…
Fla. Stat. § 440.13 Medical services and supplies; penalty for violations; limitations
105.5K chars
(1) DEFINITIONS.—As used in this section, the term:(a) “Alternate medical care” means a change in treatment or health care provider.(b) “Attendant care” means care rendered by trained professional attendants which is beyond the scope of household duties. Family members may provid…
Fla. Stat. § 440.132 Investigatory records relating to workers’ compensation managed care arrangements; confidentiality
0.9K chars
All investigatory records of the Agency for Health Care Administration made or received pursuant to s. 440.134 and any examination records necessary to complete an investigation are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Cons…
Fla. Stat. § 440.134 Workers’ compensation managed care arrangement
43.4K chars
(1) As used in this section, the term:(a) “Agency” means the Agency for Health Care Administration.(b) “Complaint” means any dissatisfaction expressed by an injured worker concerning an insurer’s workers’ compensation managed care arrangement.(c) “Emergency care” means medical se…
Fla. Stat. § 440.14 Determination of pay
10.1K chars
(1) Except as otherwise provided in this chapter, the average weekly wages of the injured employee on the date of the accident shall be taken as the basis upon which to compute compensation and shall be determined, subject to the limitations of s. 440.12(2), as follows:(a) If the…
Fla. Stat. § 440.15 Compensation for disability
60.7K chars
Compensation for disability shall be paid to the employee, subject to the limits provided in s. 440.12(2), as follows:(1) PERMANENT TOTAL DISABILITY.—(a) In case of total disability adjudged to be permanent, 662/3 or 66.67 percent of the average weekly wages shall be paid to the …
Fla. Stat. § 440.151 Occupational diseases
11.7K chars
(1)(a) Where the employer and employee are subject to the provisions of the Workers’ Compensation Law, the disablement or death of an employee resulting from an occupational disease as hereinafter defined shall be treated as the happening of an injury by accident, notwithstanding…
Fla. Stat. § 440.16 Compensation for death
11.0K chars
(1) If death results from the accident within 1 year thereafter or follows continuous disability and results from the accident within 5 years thereafter, the employer shall pay:(a) Within 14 days after receiving the bill, actual funeral expenses not to exceed $7,500.(b) Compensat…
Fla. Stat. § 440.17 Guardian for minor or incompetent
0.8K chars
Prior to the filing of a claim, the department, and after the filing of a claim, a judge of compensation claims, may require the appointment by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to recei…
Fla. Stat. § 440.185 Notice of injury or death; reports; penalties for violations
15.6K chars
(1) An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter u…
Fla. Stat. § 440.1851 Personal identifying information of an injured or deceased employee; public records exemption
4.4K chars
(1) The personal identifying information of an injured or deceased employee which is contained in reports, notices, records, or supporting documentation held by the department pursuant to this chapter is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State …
Fla. Stat. § 440.19 Time bars to filing petitions for benefits
5.6K chars
(1) Except to the extent provided elsewhere in this section, all employee petitions for benefits under this chapter shall be barred unless the employee, or the employee’s estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185(1)…
Fla. Stat. § 440.191 Employee Assistance and Ombudsman Office
6.4K chars
(1)(a) In order to effect the self-executing features of the Workers’ Compensation Law, this chapter shall be construed to permit injured employees and employers or the employer’s carrier to resolve disagreements without undue expense, costly litigation, or delay in the provision…
Fla. Stat. § 440.192 Procedure for resolving benefit disputes
12.5K chars
(1) Any employee may, for any benefit that is ripe, due, and owing, file with the Office of the Judges of Compensation Claims a petition for benefits which meets the requirements of this section and the definition of specificity in s. 440.02. An employee represented by an attorne…
Fla. Stat. § 440.1926 Alternate dispute resolution; claim arbitration
0.7K chars
Notwithstanding any other provision of this chapter, the employer, carrier, and employee may mutually agree to seek consent from a judge of compensation claims to enter into binding claim arbitration in lieu of any other remedy provided for in this chapter to resolve all issues i…
Fla. Stat. § 440.20 Time for payment of compensation and medical bills; penalties for late payment
53.7K chars
(1)(a) Unless the carrier denies compensability or entitlement to benefits, the carrier shall pay compensation directly to the employee as required by ss. 440.14, 440.15, and 440.16, in accordance with those sections. Upon receipt of the employee’s authorization as provided for i…
Fla. Stat. § 440.205 Coercion of employees
0.2K chars
No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.
Fla. Stat. § 440.207 Workers’ compensation system guide
2.2K chars
(1) The department shall educate all persons providing or receiving benefits pursuant to this chapter as to their rights and responsibilities under this chapter.(2) The department shall publish an understandable guide to the workers’ compensation system which shall contain an exp…
Fla. Stat. § 440.21 Invalid agreements
0.8K chars
(1) Any agreement by an employee to pay any portion of premium paid by her or his employer to a carrier or to contribute to a benefit fund or department maintained by the employer for the purpose of providing compensation or medical services and supplies as required by this chapt…
Fla. Stat. § 440.211 Authorization of collective bargaining agreement
2.7K chars
(1) Subject to the limitation stated in subsection (2), a provision that is mutually agreed upon in any collective bargaining agreement between an individually self-insured employer or other employer upon consent of the employer’s carrier and a recognized or certified exclusive b…
Fla. Stat. § 440.22 Assignment and exemption from claims of creditors
0.5K chars
No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall be exempt from all claims of creditors, and from levy, execution and attachments or oth…