Florida Statutes Title XXXI Chapter 440 - Workers' Compensation

• 440.01 - Short Title.
  This chapter may be cited as the “Workers’ Compensation Law.”History.—s. 1, ch. 17481, 1935; CGL 1936 Supp. 5966(1); s. 23, ch. 78-300; ss. 1, 124,...
• 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...
• 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...
• 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...
• 440.03 - Application.
  Every employer and employee as defined in s. 440.02 shall be bound by the provisions of this chapter.History.—s. 3, ch. 17481, 1935; CGL 1936 Supp....
• 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...
• 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 mail to...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 440.1051 - Fraud Reports; Civil Immunity; Criminal Penalties.
  (1) The Bureau of Workers’ Compensation Insurance Fraud of the Division of Insurance Fraud of the department shall establish a toll-free telephone number to receive reports...
• 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...
• 440.107 - Department Powers To Enforce Employer Compliance With Coverage Requirements.
  (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...
• 440.108 - Investigatory Records Relating To Workers’ Compensation Employer Compliance; Confidentiality.
  (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...
• 440.11 - Exclusiveness Of Liability.
  (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...
• 440.12 - Time For Commencement And Limits On Weekly Rate Of Compensation.
  (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...
• 440.125 - Medical Records And Reports; Identifying Information In Employee Medical Bills; Confidentiality.
  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...
• 440.13 - Medical Services And Supplies; Penalty For Violations; Limitations.
  (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...
• 440.132 - Investigatory Records Relating To Workers’ Compensation Managed Care Arrangements; Confidentiality.
  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...
• 440.134 - Workers’ Compensation Managed Care Arrangement.
  (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...
• 440.14 - Determination Of Pay.
  (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...
• 440.15 - Compensation For Disability.
  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...
• 440.151 - Occupational Diseases.
  (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...
• 440.16 - Compensation For Death.
  (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...
• 440.17 - Guardian For Minor Or Incompetent.
  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...
• 440.185 - Notice Of Injury Or Death; Reports; Penalties For Violations.
  (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...
• 440.19 - Time Bars To Filing Petitions For Benefits.
  (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...
• 440.191 - Employee Assistance And Ombudsman Office.
  (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...
• 440.192 - Procedure For Resolving Benefit Disputes.
  (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...
• 440.1926 - Alternate Dispute Resolution; Claim Arbitration.
  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...
• 440.20 - Time For Payment Of Compensation And Medical Bills; Penalties For Late Payment.
  (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...
• 440.205 - Coercion Of Employees.
  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...
• 440.207 - Workers’ Compensation System Guide.
  (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...
• 440.21 - Invalid Agreements.
  (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...
• 440.211 - Authorization Of Collective Bargaining Agreement.
  (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...
• 440.22 - Assignment And Exemption From Claims Of Creditors.
  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...
• 440.23 - Compensation A Lien Against Assets.
  Compensation shall have the same preference of lien against the assets of the carrier or employer without limit of an amount as is now or...
• 440.24 - Enforcement Of Compensation Orders; Penalties.
  (1) In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims...
• 440.25 - Procedures For Mediation And Hearings.
  (1) Forty days after a petition for benefits is filed under s. 440.192, the judge of compensation claims shall notify the interested parties by order that...
• 440.271 - Appeal Of Order Of Judge Of Compensation Claims.
  Review of any order of a judge of compensation claims entered pursuant to this chapter shall be by appeal to the District Court of Appeal,...
• 440.2715 - Access To Courts Through State Video Teleconferencing Network.
  The First District Court of Appeal shall use the state video teleconferencing network established by the Department of Management Services to facilitate access to courts...
• 440.28 - Modification Of Orders.
  Upon a judge of compensation claims’ own initiative, or upon the application of any party in interest, on the ground of a change in condition...
• 440.29 - Procedure Before The Judge Of Compensation Claims.
  (1) In making an investigation or inquiry or conducting a hearing, the judge of compensation claims shall not be bound by technical or formal rules of...
• 440.30 - Depositions.
  Depositions of witnesses or parties, residing within or without the state, may be taken and may be used in connection with proceedings under the Workers’...
• 440.31 - Witness Fees.
  Each witness who appears in obedience to a subpoena shall be entitled to the same fees as witnesses in a civil action in the circuit...
• 440.32 - Cost In Proceedings Brought Without Reasonable Ground.
  (1) If the judge of compensation claims or any court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings...
• 440.33 - Powers Of Judges Of Compensation Claims.
  (1) The judge of compensation claims may preserve and enforce order during any such proceeding; issue subpoenas for, administer oaths or affirmations to, and compel the...
• 440.34 - Attorney’s Fees; Costs.
  (1) A fee, gratuity, or other consideration may not be paid for a claimant in connection with any proceedings arising under this chapter, unless approved by...
• 440.345 - Reporting Of Attorney’s Fees.
  All fees paid to attorneys for services rendered under this chapter shall be reported to the Office of the Judges of Compensation Claims as the...
• 440.35 - Record Of Injury Or Death.
  Every employer shall keep a record in respect of any injury to an employee. Such record shall contain such information of disability or death in...
• 440.38 - Security For Compensation; Insurance Carriers And Self-insurers.
  (1) Every employer shall secure the payment of compensation under this chapter:(a) By insuring and keeping insured the payment of such compensation with any stock company or...
• 440.381 - Application For Coverage; Reporting Payroll; Payroll Audit Procedures; Penalties.
  (1) Applications by an employer to a carrier for coverage required by s. 440.38 must be made on a form prescribed by the Financial Services Commission....
• 440.385 - Florida Self-insurers Guaranty Association, Incorporated.
  (1) CREATION OF ASSOCIATION.—(a) There is created a nonprofit corporation to be known as the “Florida Self-Insurers Guaranty Association, Incorporated,” hereinafter referred to as “the association.” Upon...
• 440.3851 - Public Records And Public Meetings Exemptions.
  (1) The following records of the Florida Self-Insurers Guaranty Association, Incorporated, are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State...
• 440.386 - Individual Self-insurers’ Insolvency; Conservation; Liquidation.
  (1) JURISDICTION OF DELINQUENCY PROCEEDING VENUE; CHANGE OF APPEAL.—(a) The circuit court shall have original jurisdiction in any delinquency proceeding under this section, and any court with...
• 440.39 - Compensation For Injuries When Third Persons Are Liable.
  (1) If an employee, subject to the provisions of the Workers’ Compensation Law, is injured or killed in the course of his or her employment by...
• 440.40 - Compensation Notice.
  Every employer who has secured compensation under the provisions of this chapter shall keep posted in a conspicuous place or places in and about her...
• 440.41 - Substitution Of Carrier For Employer.
  In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively...
• 440.42 - Insurance Policies; Liability.
  (1) Every policy or contract of insurance issued under authority of this chapter shall contain:(a) A provision to carry out the provisions of s. 440.41; and(b) A provision...
• 440.44 - Workers’ Compensation; Staff Organization.
  (1) INTERPRETATION OF LAW.—As a guide to the interpretation of this chapter, the Legislature takes due notice of federal social and labor acts and hereby creates...
• 440.442 - Code Of Judicial Conduct.
  The Deputy Chief Judge and judges of compensation claims shall observe and abide by the Code of Judicial Conduct as adopted by the Florida Supreme...
• 440.45 - Office Of The Judges Of Compensation Claims.
  (1)(a) There is created the Office of the Judges of Compensation Claims within the Department of Management Services. The Office of the Judges of Compensation Claims...
• 440.47 - Travel Expenses.
  The Deputy Chief Judge, judges of compensation claims, and employees of the department shall be reimbursed for travel expenses as provided in s. 112.061. Such...
• 440.49 - Limitation Of Liability For Subsequent Injury Through Special Disability Trust Fund.
  (1) LEGISLATIVE INTENT.—Whereas it is often difficult for workers with disabilities to achieve employment or to become reemployed following an injury, and it is the desire...
• 440.491 - Reemployment Of Injured Workers; Rehabilitation.
  (1) DEFINITIONS.—As used in this section, the term:(a) “Carrier” means group self-insurance funds or individual self-insureds authorized under this chapter and commercial funds or insurance entities authorized...
• 440.50 - Workers’ Compensation Administration Trust Fund.
  (1)1(a) There is established in the State Treasury a special fund to be known as the “Workers’ Compensation Administration Trust Fund” for the purpose of providing...
• 440.51 - Expenses Of Administration.
  (1) The department shall estimate annually in advance the amounts necessary for the administration of this chapter, in the following manner.(a) The department shall, by July 1...
• 440.515 - Reports From Self-insurers; Confidentiality.
  The department shall maintain the reports filed in accordance with former s. 440.51(6)(b) as confidential and exempt from the provisions of s. 119.07(1), and such...
• 440.52 - Registration Of Insurance Carriers; Notice Of Cancellation Or Expiration Of Policy; Suspension Or Revocation Of Authority.
  (1) Each insurance carrier who desires to write such compensation insurance in compliance with this chapter shall be required, before writing such insurance, to register with...
• 440.525 - Examination And Investigation Of Carriers And Claims-handling Entities.
  (1) The department and office may examine, or investigate any carrier, third-party administrator, servicing agent, or other claims-handling entity as often as is warranted to ensure...
• 440.53 - Effect Of Unconstitutionality.
  If any part of this chapter is adjudged unconstitutional by the courts, and such adjudication has the effect of invalidating any payment of compensation under...
• 440.54 - Violation Of Child Labor Law.
  If the judge of compensation claims determines that an injured employee at the time of an accident is a minor employed, permitted, or suffered to...
• 440.55 - Proceedings Against State.
  Any person entitled to compensation benefits by reason of the injury or death of an employee of the state, its boards, bureaus, departments, agencies, or...
• 440.572 - Authorization For Individual Self-insurer To Provide Coverage.
  An individual self-insurer having a net worth of not less than $250 million as authorized by s. 440.38(1)(f) may assume by contract the liabilities under...
• 440.585 - Workers’ Compensation Group Self-insurance Fund Application Disclosure.
  Each application for workers’ compensation coverage under a group self-insurance fund authorized under this chapter must contain in contrasting color and in not less than...
• 440.591 - Administrative Procedure; Rulemaking Authority.
  The department, the Financial Services Commission, and the agency may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter...
• 440.593 - Electronic Reporting.
  (1) The department may establish an electronic reporting system requiring or authorizing an employer or carrier to submit required forms, reports, or other information electronically rather...
• 440.60 - Application Of Laws.
  (1) Chapter 79-40, Laws of Florida, shall apply to all claims for injury arising out of accidents occurring on or after August 1, 1979.(2) Sections 6-20, chapter...

Last modified: September 23, 2016