The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.075

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, proceed as at common law, and the employer in such suit may avail itself of all defenses that exist at common law.

History.—s. 4, ch. 74-197; s. 23, ch. 78-300; s. 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1.

F.S. 440.075 on Google Scholar

F.S. 440.075 on Casetext

Amendments to 440.075

Arrestable Offenses / Crimes under Fla. Stat. 440.075

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.075.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GLADDEN, v. FISHER THOMAS, INC. v., 232 So. 3d 1146 (Fla. Dist. Ct. App. 2017)

. . . specifically addresses the impact of the corporate exemption on workers’ compensation immunity is section 440.075 . . . against “the corporate employer” at common law in an action to recover damages for injury or death. § 440.075 . . . his ability to circumvent the immunity protections of section 440.11, except as provided by section 440.075 . . .

DOBBINS v. WEBER P. A. a, 585 So. 2d 1143 (Fla. Dist. Ct. App. 1991)

. . . However, under section 440.075 he retained his right to maintain an action at common law for work-connected . . .