| History:
(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 or subcontractor who engages in any public or private construction in the state shall secure and maintain compensation for his or her employees under this chapter as provided in s. 440.38.
(b) In case a contractor sublets any part or parts of his or her contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment, and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.
(c) A contractor shall require a subcontractor to provide evidence of workers' compensation insurance. A subcontractor who is a corporation and has an officer who elects to be exempt as permitted under this chapter shall provide a copy of his or her certificate of exemption to the contractor.
(d)1. If a contractor becomes liable for the payment of compensation to the employees of a subcontractor who has failed to secure such payment in violation of s. 440.38, the contractor or other third-party payor shall be entitled to recover from the subcontractor all benefits paid or payable plus interest unless the contractor and subcontractor have agreed in writing that the contractor will provide coverage.
2. If a contractor or third-party payor becomes liable for the payment of compensation to the corporate officer of a subcontractor who is engaged in the construction industry and has elected to be exempt from the provisions of this chapter, but whose election is invalid, the contractor or third-party payor may recover from the claimant or corporation all benefits paid or payable plus interest, unless the contractor and the subcontractor have agreed in writing that the contractor will provide coverage.
(e) A subcontractor providing services in conjunction with a contractor on the same project or contract work is not liable for the payment of compensation to the employees of another subcontractor or the contractor on such contract work and is protected by the exclusiveness-of-liability provisions of s. 440.11 from any action at law or in admiralty on account of injury to an employee of another subcontractor, or of the contractor, provided that:
1. The subcontractor has secured workers' compensation insurance for its employees or the contractor has secured such insurance on behalf of the subcontractor and its employees in accordance with paragraph (b); and
2. The subcontractor's own gross negligence was not the major contributing cause of the injury.
(f) If an employer fails to secure compensation as required by this chapter, the department shall assess against the employer a penalty not to exceed $5,000 for each employee of that employer who is classified by the employer as an independent contractor but who is found by the department to not meet the criteria for an independent contractor that are set forth in s. 440.02. The division shall adopt rules to administer the provisions of this paragraph.
(g) Subject to s. 440.38, any employer who has employees engaged in work in this state shall obtain a Florida policy or endorsement for such employees which utilizes Florida class codes, rates, rules, and manuals that are in compliance with and approved under the provisions of this chapter and the Florida Insurance Code. Failure to comply with this paragraph is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The department shall adopt rules for construction industry and nonconstruction-industry employers with regard to the activities that define what constitutes being "engaged in work" in this state, using the following standards:
1. For employees of nonconstruction-industry employers who have their headquarters outside of Florida and also operate in Florida and who are routinely crossing state lines, but usually return to their homes each night, the employee shall be assigned to the headquarters' state. However, the construction industry employees performing new construction or alterations in Florida shall be assigned to Florida even if the employees return to their home state each night.
2. The payroll of executive supervisors who may visit a Florida location but who are not in direct charge of a Florida location shall be assigned to the state in which the headquarters is located.
3. For construction contractors who maintain a permanent staff of employees and superintendents, if any of these employees or superintendents are assigned to a job that is located in Florida, either for the duration of the job or any portion thereof, their payroll shall be assigned to Florida rather than the headquarters' state.
4. Employees who are hired for a specific project in Florida shall be assigned to Florida.
(2) Compensation shall be payable irrespective of fault as a cause for the injury, except as provided in s. 440.09(3).
History.--s. 10, ch. 17481, 1935; CGL 1936 Supp. 5966(10); s. 4, ch. 18413, 1937; s. 6, ch. 74-197; s. 23, ch. 78-300; ss. 5, 124, ch. 79-40; s. 21, ch. 79-312; s. 2, ch. 80-236; s. 14, ch. 86-171; ss. 7, 43, ch. 89-289; ss. 15, 56, ch. 90-201; ss. 11, 52, ch. 91-1; s. 4, ch. 91-2; s. 7, ch. 93-415; s. 104, ch. 97-103; s. 4, ch. 98-174; s. 15, ch. 2002-194; s. 7, ch. 2002-236; s.8, ch. 2003-412.
1Note.--The Division of Workers' Compensation of the Department of Labor and Employment Security was transferred to the Department of Insurance by s. 1, ch. 2002-194. Section 15, ch. 2002-194, replaced existing references to the division in s. 440.10 with references to the Department of Insurance.
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Relevant Case Law
Note: Newspaper delivery person is an independent contractor for work comp puposes.
Note: When business is not the statutory employer of an injured worker the business can't claim immunity from tort liability.
Note: Subcontractor can become statutory employer and therefore be immune from tort liability.
Note: When determining whether gross negligence has occurred, you do not add together or cumulate the individual probabilities of an accident on each occasion to reach a conclusion that an accident is inevitable or that a risk is inordinately high.
Note: The appellee was not the statutory employer of the appellant because the restaurant the appellant worked for only leased a space in the hotel and there were no other contracts between them.
Note: Owner of shopping center is not statutory employer simply because he agreed to maintain the premises.
Note: To be recognized as a contractor one must the primary obligation would have to arise out of the contract; If the contractor sublets any part of the contract work to a subcontractor, the contractor will be liable for compensation to their employees.
Note: In a wrongful death suit, the decedent's 2 minor children, although having received workers comp benefits in their names, had not elected workers comp benefits for purposes of estopping a claim for any other remedy
Note: Mere acceptance of some compensation benefits is not enough to constitute an election.
Note: Merely having workers comp insurance does not preclude genuine issues of fact from being decided before summary judgment is granted.
Note: If the carrier says injury was not within the scope of employment, the an employer may not divorce itself from its compensation carrier's representation that an employee's injury did not occur in the course and scope of employment.
Note: A borrowed employee who received workers comp benefits from the original employer cannot sue the borrower for a tort.
Note: A sole proprietor actively engaged in the construction industry is not an employee if he or she elects to be exempt from the provisions of the workers comp laws.
Note: The legal status of the "carrier" and of the landowner are independent of one another and do not interact in any manner, so if the negligence was in the capacity of landowner it is not affected by carrier immunity.
Note: The E/C did not fail to secure payment of compensation for the employee who was mistakenly misclassified as an independent contractor.
Note: Where the question of whether claimant is a statutory employee is based on an oral agreement, there must have been valid consideration.
Note: Where a contract is for a specified time and obligates the purchaser to buy all that he or she needs from the vendor, it is held that the purchaser's obligation to buy to the extent of his or her requirements supplies mutuality, which is enough to conclude that the claimant was a statutory employee.
Note: If the E/C cannot conclusively prove that the claimant was in a special employee relationship with them, summary judgment for immunity purposes is not appropriate.
Note: A party who is seeking to recover under a contractual indemnity clause is not required to establish that there was a special relationship between the parties to maintain an action for damages.
Note: Despite the purchase of workers' compensation insurance, employers remained statutorily liable for the payment of the benefits due under chapter 440.
Note: An order denying a summary judgment motion because there are unresolved or disputed issues of fact, which affect the immunity defense, is not appealable.
Note: A quasi-contract cannot form the basis for a statutory employment relationship, but are formed after-the-fact as a form of restitution.
Note: Even assuming that defendant in this case had a common law duty to provide security services to its tenants, discharging this common law duty alone would not be sufficient to grant workers' compensation immunity to defendant.
Note: If both subcontractor and contractor fail to secure coverage, then the contractor has an employer's liability to the subcontractor's injured employee for purposes of an action for statutory benefits or damages at law or in admiralty.
Note: The doctrine of election of remedies forecloses an employee from later suing an employer in tort after the employee actively pursues and receives workers' compensation benefits.
Note: The premises rule exception says that an injury sustained by an employee with fixed hours and place of work who is injured while going to or coming from work is in the course of employment for workers' compensation purposes if it occurred on the employer's premises.
Note: A workers compensation carrier who has paid benefits to a covered employee has a lien on any recovery by the injured employee in an ordinary personal injury action against a third-party tortfeasor liable for the injury.
Note: Where a newsboy had no contract with the carrier, Miami Herald Publishing Co. v. Kendall, which ruled that newsboys are independent contractors, does not control.
Note: An entity does not become a "statutory employer" unless it is a contractor and subcontracts a part or parts of its contract work to a subcontractor.
Note: A health care provider may not accept payments under the Act and also seek to avoid the statutory limits by contracting for a higher fee with the worker.
Note: In order for an employer's actions to amount to an intentional tort, the employer must either exhibit a deliberate intent to injure or engage in conduct which is substantially certain to result in injury or death.
Note: A general contractor will retain financial responsibility for injuries to those employees working a contract job, even though an independent contractor performs part or all of the undertaking.
Note: Sole proprietors actively engaged in the construction industry are considered to be employees unless they elect to be excluded.
Note: A borrowed employee shall be treated like any other employee.
Note: Where a claimant was considered a co-owner of the business for purposed of keeping WC premiums low but had no true benefits or responsibilities of ownership, he is an employee not exempt from coverage.
Note: Temporary total disability benefits may not be awarded in the absence of an inability to work or an adequate job search.
Note: In case a contractor sublets any part or parts of his contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment; and the contractor shall be liable for, and shall secure, the payment of compensation for all such employees, except to employees of a subcontractor who has secured such payment.
Note: An owner who is also the general contractor can be held liable for an injury on a construction job site and this liability does not depend upon active participation.
Note: A contractor who sublets all or any part of its contract work is the employer not only of its own employees but also of the employees of any subcontractor to whom all or any part of the principal contract has been sublet.
Note: Tort suits cannot be filed against managerial personnel for certain acts they commit while acting in a managerial capacity.
Note: A general contractor who employs an independent contractor insulates itself from civil liability when, in accordance with the parties' contract, it procures a workers' compensation policy for the benefit of the independent contractor by deducting the policy premiums from payments due the independent contractor.
Note: In case a contractor sublets any part or parts of his contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment; and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.
Note: In ordinary circumstances an employee of a contractor hired to work on the owner's premises may sue the owner for negligence.
Note: Condominium associations are subject to 440.10.
Note: The policies set forth by the Division to make sure employers are informed that their coverage has lapsed are enough to ensure that the employer had notice.
Note: The policies set forth by the Division to make sure employers are informed that their coverage has lapsed are enough to ensure that the employer had notice.
Note: There is immunity from suit to employees, except in cases involving intentional torts, gross negligence, or situations in which coemployees are engaged in unrelated work.
Note: A doctor dissatisfied with the payment of his bills should go to the Division, not to a JCC.
Note: An individual who is not obligated to secure workers' compensation benefits is not entitled to workers' compensation immunity.
Note: General contractors are required to provide workers' compensation coverage to all employees of their subcontractors, where such employees have not been provided coverage by the subcontractor.
Note: If a compensable injury occurs in Florida, it is covered by Florida workers comp law.
Note: Where transportation was provided by the employer to the jobsite as a convenience to the employer and the employee, and accident en route is compensable.
Note: The type of contractual obligation by which one must be bound in order to be held a contractor within the meaning of the statute is the conventional type of contract entered into between a general contractor and an owner of property.
Note: Even when an independent contractor performs all or part of a job, the general contractor retains financial responsibility for injuries to those employees.
Note: In case a contractor sublets any part or parts of his contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment; and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.
Note: Employee receiving benefits may not litigate entitlement to additional benefits then sue the employer thereafter for personal injuries.
Note: An injured worker who sues a co-worker for battery as an alter-ego of the employer is barred from seeking workers' compensation benefits.
Note: Evidence demonstrates that airline was employer despite contract provision labeling janitor independent contractor.
Note: $22,200 fine is not a disproprotionate amount for employer who failed to provide coverage to 8 employees.
Note: Notice of election to be exempt precludes recovery of benefits.
Note: Material fact exists as to immunity for security guard services.
Note: Death caused by managerial decision covered by workers' compensation immunity.
Note: Summary judgment on borrowed servant issue inappropriate where it is unclear who controlled the employees' work.
Note: Evidence does not demonstrate egregious conduct amounting to intentional tort by carrier.
Note: Because the subcontractor failed to establish conclusively that an express or implied contract for hire existed between with claimant or that claimant consented to employment, summary judgment is inappropriate since a trier of fact could conclude either that claimant consented to this employment or that he did not consent.
Note: Claimant's employment was localized in Alabama, and the proper jurisdiction was in Alabama.
Note: A sole proprietor of a business failed to exhaust his administrative remedies prior to appealing a decision finding that he is required to obtain workers' compensation coverage under Florida Statutes Section 440.10(1)(a), and his appeal is therefore denied.
Note: There remains a genuine issue of fact as to whether the respondent was entitled to workers' compensation under the common law 'borrowed servant' doctrine.
Note: The court concluded that the 3rd District erred in reversing the judgment based solely on the plaintiff's failure to demonstrate that the employer concealed a danger.
Note: Employee leasing companies are required to notify both their clients and employees when they intend to terminate the employment relationship...Even employment contracts which are terminable at will and of no specific duration require some reasonable notice for termination.
Note: The trial court erred in determining that, because it was unlicensed, it was not entitled to workers' compensation immunity.
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