The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.06

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 caused by the negligence of a fellow servant, that the employee assumed the risk of his or her employment, or that the injury was due to the comparative negligence of the employee.

History.—s. 6, ch. 17481, 1935; CGL 1936 Supp. 5966(6); s. 5, ch. 70-148; s. 23, ch. 78-300; ss. 4, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 100, ch. 97-103; s. 4, ch. 2003-412.

F.S. 440.06 on Google Scholar

F.S. 440.06 on Casetext

Amendments to 440.06

Arrestable Offenses / Crimes under Fla. Stat. 440.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.06.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WOOD, v. CLEAN FUELS OF INDIANA, INC., 214 F. Supp. 3d 1265 (M.D. Fla. 2016)

. . . . § 440.06 (prohibiting the use of such defenses where an employer fails to secure payment of compensation . . .

PAYNE, v. J. B. HUNT TRANSPORT, INC., 154 F. Supp. 3d 1310 (M.D. Fla. 2016)

. . . Plaintiff contends that his claim “arises under” Florida Statutes § 440.06 and § 440.11(1). . . . Florida Statute § 440.06 provides: Every employer who fails to secure the payment of compensation . . . . . Plaintiffs assertion that his claim “arises under” Florida Statutes § 440.06 and § 440.11(1) is misplaced . . . Rather, Florida Statute § 440.06 merely precludes an employer from asserting certain defenses to an action . . . Although, it would appear that the prohibitions contained within Florida Statutes § 440.06 and § 440.11 . . .

GOMEZ LAWN SERVICE, INC. v. THE HARTFORD,, 98 So. 3d 212 (Fla. Dist. Ct. App. 2012)

. . . . § 440.06, Fla. . . .

CRUM SERVICES v. LOPEZ,, 975 So. 2d 1184 (Fla. Dist. Ct. App. 2008)

. . . . § 440.06, Fla. Stat. (2004). . . .

AHLERS, v. WILSON Co., 867 So. 2d 524 (Fla. Dist. Ct. App. 2004)

. . . defined in section 440.02(16)(a), Florida Statutes, is subject to the sanctions set out in section 440.06 . . .

BYERLEY v. CITRUS PUBLISHING, INC., 725 So. 2d 1230 (Fla. Dist. Ct. App. 1999)

. . . After the denial, and pursuant to sections 440.06 and 440.11(1), Florida Statutes (1995), Byerley filed . . . Sections 440.06 and 440.11(1), Florida Statutes, allowed Byerley to file a civil suit if the employer . . . See §§ 440.06, 440.11(1), Fla. Stat. (1995). . . .

SHOVA, v. ELLER,, 606 So. 2d 400 (Fla. Dist. Ct. App. 1992)

. . . Section 440.06, Fla.Stat. (1989). Mrs. . . .

R. JOHNSON, v. EDWARDS, Jr., 569 So. 2d 928 (Fla. Dist. Ct. App. 1990)

. . . provided under Chapter 440, Florida Statutes, to employers to furnish such benefits, in that section 440.06 . . .

DEARING, Jr. v. REESE, d b a a, 519 So. 2d 761 (Fla. Dist. Ct. App. 1988)

. . . Kemp, 79 So.2d 696 (Fla.1955); § 440.06, Fla.Stat. (1983). . . .

E. DUNCAN, v. GREAT ATLANTIC PACIFIC TEA COMPANY, a, 193 So. 2d 458 (Fla. Dist. Ct. App. 1966)

. . . See Fla.Stat., §§ 440.06, 440.11, F.S.A.; Hicks v. Kemp, Fla.1955, 79 So.2d 696. . . .

I. WESTBERRY v. GREAT ATLANTIC PACIFIC TEA CO. a, 191 So. 2d 613 (Fla. Dist. Ct. App. 1966)

. . . as the defendant had previously rejected the Workmen’s Compensation Act, it was precluded by Section 440.06 . . .

UNITED STATES v. L. N. WHITE AND COMPANY,, 359 F.2d 703 (2d Cir. 1966)

. . . 1956 and billed White for the same on January 11,1957 by sending an itemized invoice in amount of $11,-440.06 . . .

R. SMITH, v. RYDER TRUCK RENTALS, INC., 182 So. 2d 422 (Fla. 1966)

. . . Section 440.06, F.S.A. . . .

COLTON, III, v. GREAT ATLANTIC PACIFIC TEA COMPANY, a, 136 So. 2d 361 (Fla. Dist. Ct. App. 1962)

. . . Sec. 440.06, Fla.Stat., F.S.A. . . .

J. MACARAGES, v. RAYMOND CONCRETE PILE COMPANY, HERRING, v. RAYMOND CONCRETE PILE COMPANY,, 220 F.2d 891 (5th Cir. 1955)

. . . Hardy, 139 Fla. 142, 190 So. 478 for the proposition that where, under the terms of sections 440.05 and 440.06 . . .

CAMUNAS v. UNITED STATES, 212 F.2d 540 (1st Cir. 1954)

. . . overcharges collected from one of the tenants, and $1,379.55 by way of treble damages, or a total of $2,-440.06 . . .

BAKER v. GREAT ATLANTIC PACIFIC TEA CO., 212 F.2d 130 (5th Cir. 1954)

. . . bar a recovery, that being one of the defenses relinquished by a non-assenting employer under sec. 440.06 . . .

JACKSONVILLE PAPER COMPANY, a v. FRED. E. THURMAN, 153 Fla. 906 (Fla. 1944)

. . . Sec. 440.06, Fla. Stat. 1941. Appellant relies on our opinion in Tampa Electric Company v. . . .

LEHMAN v. TAIT,, 58 F.2d 20 (4th Cir. 1932)

. . . The accounts receivable were $42,131.66 on June 30th, and $142,-440.06 on September 30th, and the average . . .