Florida Statute 440.06 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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.

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Amendments to 440.06

Annotations, Discussions, Cases:

Cases Citing Statute 440.06

Total Results: 10

Smith v. Ryder Truck Rentals, Inc.

182 So. 2d 422, 1966 Fla. LEXIS 3884

Supreme Court of Florida | Filed: Feb 16, 1966 | Docket: 1486896

Cited 17 times | Published

by the negligence of a fellow servant. F.S. Section 440.06, F.S.A. On a lease for a term basis to an employer

Shova v. Eller

606 So. 2d 400, 1992 WL 213124

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 132066

Cited 6 times | Published

not avail himself of the common law defenses. Section 440.06, Fla. Stat. (1989). Mrs. Shova's estate is

Johnson v. Edwards

569 So. 2d 928, 1990 WL 178652

District Court of Appeal of Florida | Filed: Nov 15, 1990 | Docket: 1190877

Cited 6 times | Published

employers to furnish such benefits, in that section 440.06 precludes an employer, who fails to secure

Payne v. J.B. Hunt Transport, Inc.

154 F. Supp. 3d 1310, 2016 U.S. Dist. LEXIS 172, 2016 WL 25943

District Court, M.D. Florida | Filed: Jan 4, 2016 | Docket: 64306206

Cited 2 times | Published

“arises under” Florida Statutes § 440.06 and § 440.11(1). Florida Statute § 440.06 provides: Every employer

Crum Services v. Lopez

975 So. 2d 1184, 2008 WL 595921

District Court of Appeal of Florida | Filed: Mar 6, 2008 | Docket: 1726923

Cited 1 times | Published

assumption of the risk, or comparative negligence. § 440.06, Fla. Stat. (2004). Although it appears the Legislature

Ahlers v. Wilson

867 So. 2d 524, 2004 WL 352187

District Court of Appeal of Florida | Filed: Feb 26, 2004 | Docket: 1722589

Cited 1 times | Published

Statutes, is subject to the sanctions set out in section 440.06, Florida Statutes. On June 7, 2000, after the

Dearing v. Reese

519 So. 2d 761, 13 Fla. L. Weekly 408, 1988 Fla. App. LEXIS 524, 1988 WL 8438

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 64632559

Cited 1 times | Published

Chapter 440. Hicks v. Kemp, 79 So.2d 696 (Fla.1955); § 440.06, Fla.Stat. (1983). The judgment is reversed and

Westberry v. Great Atlantic & Pacific Tea Co.

191 So. 2d 613, 1966 Fla. App. LEXIS 4549

District Court of Appeal of Florida | Filed: Nov 1, 1966 | Docket: 64498578

Cited 1 times | Published

Workmen’s Compensation Act, it *614was precluded by Section 440.06, Florida Statutes, F.S.A., from asserting such

Wood v. Clean Fuels of Indiana, Inc.

214 F. Supp. 3d 1265, 2016 WL 5791240, 2016 U.S. Dist. LEXIS 137550

District Court, M.D. Florida | Filed: Oct 4, 2016 | Docket: 64310852

Published

Decedent’s comparative negligence. Fla. Stat. § 440.06 (prohibiting the use of such defenses where an

Gomez Lawn Service, Inc. v. The Hartford

98 So. 3d 212, 2012 WL 4465233, 2012 Fla. App. LEXIS 16460

District Court of Appeal of Florida | Filed: Sep 28, 2012 | Docket: 60312234

Published

suit in circuit court on account of the accident. § 440.06, Fla. Stat. (2010) (“Every employer who fails

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.