Florida Statutes

Fla. Stat. § 440.06 (2025)

Failure to secure compensation; effect.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 12 cases, 1966–2016 · leading case: Payne v. J.B. Hunt Transp., Inc., 154 F. Supp. 3d 1310 (M.D. Fla. 2016).

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Payne v. J.B. Hunt Transp., Inc., 154 F. Supp. 3d 1310 (M.D. Fla. 2016). · cites it 7× “38 may not, in any suit brought against him or her by an employee subject to this chapter to recover damages for injury or *1315 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…”

Ahlers v. Wilson, 867 So. 2d 524 (Fla. 1st DCA 2004). · cites it 2× “02(16)(a), Florida Statutes, is subject to the sanctions set out in section 440.06, Florida Statutes. On June 7, 2000, after the claimant's petition for benefits had been filed, Ahlers signed an agreement with Mack Cartwright, as president of Restaurant Services, Inc.”

Byerley v. Citrus Pub., Inc., 725 So. 2d 1230 (Fla. 5th DCA 1999). “See §§ 440.06, 440.11(1), Fla. Stat. (1995).”

Dearing v. Reese, 519 So. 2d 761 (Fla. 1st DCA 1988). · cites it 2× “1955); § 440.06, Fla.Stat. (1983). The judgment is reversed and the cause is remanded for a new trial.”

Smith v. Ryder Truck Rentals, Inc., 182 So. 2d 422 (Fla. 1966). “They are, so to speak, the vehicles or working tools used in carrying on the employer's business.”

Shova v. Eller, 606 So. 2d 400 (Fla. 2d DCA 1992). “Section 440.015, Fla. Stat. (1989). Therefore, if an employer who is obligated to pay workers' compensation benefits fails to do so, he may not avail himself of the common law defenses.”

Crum Servs. v. Lopez, 975 So. 2d 1184 (Fla. 1st DCA 2008). · cites it 2× “§ 440.06, Fla. Stat. (2004). Although it appears the Legislature has already addressed the present situation, it is within the province of the Legislature to determine if further remedies are necessary.”

Johnson v. Edwards, 569 So. 2d 928 (Fla. 1st DCA 1990). “Strong incentives are provided under Chapter 440, Florida Statutes, to employers to furnish such benefits, in that section 440.06 precludes an employer, who fails to secure the payment of compensation in any action brought against him by an employee to recover damages for…”

Westberry v. Great Atl. & Pac. Tea Co., 191 So. 2d 613 (Fla. 3d DCA 1966). · cites it 2× “Inasmuch as the defendant had previously rejected the Workmen’s Compensation Act, it *614 was precluded by Section 440.06, Florida Statutes, F.S.A., from asserting such defenses as contributory negligence, assumption of the risk, or negligence of a fellow servant in the suit…”

Gomez Lawn Serv., Inc. v. The Hartford, 98 So. 3d 212 (Fla. 1st DCA 2012). · cites it 2× “§ 440.06, Fla. Stat. (2010) (“Every employer who fails to secure the payment of compensation, as provided in s.”

Wood v. Clean Fuels of Indiana, Inc., 214 F. Supp. 3d 1265 (M.D. Fla. 2016). · cites it 2× “Fla. Stat. § 440.06 (prohibiting the use of such defenses where an employer fails to secure payment of compensation).”

Duncan v. Great Atl. & Pac. Tea Co., 193 So. 2d 458 (Fla. 3d DCA 1966). “, §§ 440.06, 440.11, F.S.A.; Hicks v. Kemp, Fla.”

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