Florida Statute 440.092 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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440.092 Special requirements for compensability; deviation from employment; subsequent intervening accidents.—

(1) RECREATIONAL AND SOCIAL ACTIVITIES.—Recreational or social activities are not compensable unless such recreational or social activities are an expressly required incident of employment and produce a substantial direct benefit to the employer beyond improvement in employee health and morale that is common to all kinds of recreation and social life.

(2) GOING OR COMING.—An injury suffered while going to or coming from work is not an injury arising out of and in the course of employment whether or not the employer provided transportation if such means of transportation was available for the exclusive personal use by the employee, unless the employee was engaged in a special errand or mission for the employer. For the purposes of this subsection and not withstanding any other provisions of law to the contrary, an injury to a law enforcement officer as defined in s. 943.10(1), during the officer’s work period or while going to or coming from work in an official law enforcement vehicle, shall be presumed to be an injury arising out of and in the course of employment unless the injury occurred during a distinct deviation for a nonessential personal errand. If, however, the employer’s policy or the collective bargaining agreement that applies to the officer permits such deviations for nonessential errands, the injury shall be presumed to arise out of and in the course of employment.

(3) DEVIATION FROM EMPLOYMENT.—An employee who is injured while deviating from the course of employment, including leaving the employer’s premises, is not eligible for benefits unless such deviation is expressly approved by the employer, or unless such deviation or act is in response to an emergency and designed to save life or property.

(4) TRAVELING EMPLOYEES.—An employee who is required to travel in connection with his or her employment who suffers an injury while in travel status shall be eligible for benefits under this chapter only if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment. This subsection applies to travel necessarily incident to performance of the employee’s job responsibility but does not include travel to and from work as provided in subsection (2).

(5) SUBSEQUENT INTERVENING ACCIDENTS.—Injuries caused by a subsequent intervening accident arising from an outside agency which are the direct and natural consequence of the original injury are not compensable unless suffered while traveling to or from a health care provider for the purpose of receiving remedial treatment for the compensable injury.

History.—s. 14, ch. 90-201; s. 10, ch. 91-1; s. 6, ch. 93-415; s. 103, ch. 97-103; s. 1, ch. 2001-168.

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Amendments to 440.092

Annotations, Discussions, Cases:

Cases Citing Statute 440.092

Total Results: 44

Sentry Insurance Co. v. Hamlin

69 So. 3d 1065, 2011 Fla. App. LEXIS 15034, 2011 WL 4389219

District Court of Appeal of Florida | Filed: Sep 22, 2011 | Docket: 2356229

Cited 9 times | Published

designed to save property are compensable under section 440.092(3), Florida Statutes (2008). STANDARD OF REVIEW

Securex, Inc. v. Couto

627 So. 2d 595, 1993 WL 499235

District Court of Appeal of Florida | Filed: Dec 7, 1993 | Docket: 1530223

Cited 8 times | Published

applies because of a newly enacted statute, section 440.092(2), Florida Statutes (Supp. 1990). This case

Jean Fluet, Inc. v. Harrison

652 So. 2d 1209, 1995 WL 133348

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 476315

Cited 7 times | Published

in their brief, argue the applicability of section 440.092(3), Florida Statutes (Supp. 1990), which precludes

Swartz v. McDonald's Corp.

788 So. 2d 937, 26 Fla. L. Weekly Supp. 350, 2001 Fla. LEXIS 1071, 2001 WL 543673

Supreme Court of Florida | Filed: May 24, 2001 | Docket: 1685158

Cited 4 times | Published

Co., 382 So.2d 802, 803 (Fla. 1st DCA 1980); § 440.092(2), Fla. Stat. (1995). This rule governing compensability

Schoenfelder v. WINN & JORGENSEN, PA

704 So. 2d 136, 1997 WL 716088

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 1354672

Cited 4 times | Published

and KAHN, J., concur. NOTES [1] Codified at section 440.092(2), Florida Statutes (1995).

American Airlines v. LeFevers

674 So. 2d 940, 1996 WL 316216

District Court of Appeal of Florida | Filed: Jun 13, 1996 | Docket: 1194765

Cited 4 times | Published

claimant's accident was compensable under section 440.092(4), Florida Statutes (Supp.1994), the personal

Kramer v. Palm Beach County

978 So. 2d 836, 2008 WL 828958

District Court of Appeal of Florida | Filed: Mar 31, 2008 | Docket: 1135317

Cited 3 times | Published

within the "going or coming" rule set forth in section 440.092(2), Florida Statutes (2004), and denied compensability

IMC Phosphates Co. v. Prater

895 So. 2d 1263, 2005 WL 548232

District Court of Appeal of Florida | Filed: Mar 10, 2005 | Docket: 1674499

Cited 3 times | Published

Claims (JCC) finding compensable, pursuant to section 440.092(5), Florida Statutes (2001), the injuries suffered

Dunlevy v. Seminole County Department of Public Safety

792 So. 2d 592, 2001 WL 993570

District Court of Appeal of Florida | Filed: Aug 14, 2001 | Docket: 1735339

Cited 3 times | Published

claimant deviated from his employment under section 440.092(3), Florida Statutes (1997); (3) the evidence

Swartz v. McDonald's Corp.

726 So. 2d 783, 1998 WL 821772

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1307719

Cited 3 times | Published

the operation of the going and coming rule, section 440.092(2), Florida Statutes (1995). We affirm on all

Evans v. HANDI-MAN TEMP. SERVICES & RISCORP

710 So. 2d 132, 1998 Fla. App. LEXIS 4432, 1998 WL 176760

District Court of Appeal of Florida | Filed: Apr 17, 1998 | Docket: 1445203

Cited 3 times | Published

performance of the employee's job responsibility." § 440.092(4), Fla. Stat. (1995). We conclude that Danny

Hages v. HUGHES ELECTRICAL SERV. INC

654 So. 2d 1280, 20 Fla. L. Weekly Fed. D 1266

District Court of Appeal of Florida | Filed: May 22, 1995 | Docket: 1710372

Cited 3 times | Published

conclude that the judge improperly applied section 440.092(2), Florida Statutes (1991), and reverse the

City of Miami v. Gutierrez

979 So. 2d 1028, 2008 WL 649066

District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 2086923

Cited 1 times | Published

unrelated to the work she was hired to perform. *1029 § 440.092(1), Fla. Stat. (2003); Whitehead v. Orange County

Wilcox v. Ag Mart Produce

942 So. 2d 959, 2006 WL 3408054

District Court of Appeal of Florida | Filed: Nov 28, 2006 | Docket: 2166956

Cited 1 times | Published

claimant based on the going and coming rule, section 440.092(2), Florida Statutes (2005).[1] On appeal,

Ramirez v. Farish

855 So. 2d 1182, 2003 WL 22287845

District Court of Appeal of Florida | Filed: Oct 7, 2003 | Docket: 1752556

Cited 1 times | Published

arises out of and in the course of employment...." § 440.092(4), Fla. Stat. (2002). But a traveling employee

Gilbert v. Publix Supermarkets, Inc.

790 So. 2d 1057, 26 Fla. L. Weekly Supp. 479, 2001 Fla. LEXIS 1402, 2001 WL 776596

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1734417

Cited 1 times | Published

The "going and coming" rule, as codified in section 440.092(2), Florida Statutes (Supp.1994), provides

Electronic Service Clinic v. Barnard

634 So. 2d 707, 1994 WL 76444

District Court of Appeal of Florida | Filed: Mar 15, 1994 | Docket: 1472874

Cited 1 times | Published

a special errand or mission for the employer. § 440.092(2), Fla. Stat. (1991) (emphasis added).

Kash-N-Karry v. Johnson

617 So. 2d 791, 1993 WL 132632

District Court of Appeal of Florida | Filed: Apr 28, 1993 | Docket: 458001

Cited 1 times | Published

104. Likewise, appellant's contention that section 440.092(2), Florida Statutes (Supp. 1990), abolished

Highlands County School Bd. v. Savage

609 So. 2d 133, 1992 WL 353349

District Court of Appeal of Florida | Filed: Dec 1, 1992 | Docket: 1473859

Cited 1 times | Published

employment and, therefore, compensable pursuant to section 440.092(1), Florida Statutes (Supp. 1990). We find

CAROL ANN KULZER v. SARAH MARIE WAY AND GREENLEAF TRUST

District Court of Appeal of Florida | Filed: Feb 2, 2024 | Docket: 67810997

Published

codified in 3 section 440.092, Florida Statutes (2023). It has also been

Levy County Sheriff's Office v. Allen

140 So. 3d 1150, 2014 Fla. App. LEXIS 9970, 2014 WL 2925253

District Court of Appeal of Florida | Filed: Jun 30, 2014 | Docket: 60241388

Published

special errand or mission for the employer.” § 440.092(2), Fla. Stat. Noting that the section’s two exceptions

Urbina v. Kindred Hospital-North Florida

103 So. 3d 244, 2012 Fla. App. LEXIS 21608, 2012 WL 6554561

District Court of Appeal of Florida | Filed: Dec 17, 2012 | Docket: 60227035

Published

collision. 642 So.2d at 782. In addition, section 440.092(4), Florida Statutes (2010), provides: “An

Stewart v. Lakeland Funeral Home

86 So. 3d 1205, 2012 WL 1514439, 2012 Fla. App. LEXIS 6768

District Court of Appeal of Florida | Filed: May 1, 2012 | Docket: 60307586

Published

driving from his residence to work. Because section 440.092(2), Florida Statutes (2009), provides that

Adams v. MITCHELL G. HANCOCK, INC.

74 So. 3d 1113, 2011 Fla. App. LEXIS 17503, 2011 WL 5243303

District Court of Appeal of Florida | Filed: Nov 4, 2011 | Docket: 2532382

Published

agree that the "going and coming" provision of section 440.092(2), Florida Statutes (2009), operated to establish

Houck v. Tarragon Management, Inc.

4 So. 3d 73, 2009 Fla. App. LEXIS 1531, 2009 WL 439247

District Court of Appeal of Florida | Filed: Feb 24, 2009 | Docket: 60295112

Published

qualify as a “traveling employee” as provided in section 440.092(4), Florida Statutes (2002). For the reasons

Deutsch v. Heritage Automotive Enterprises

939 So. 2d 259, 2006 Fla. App. LEXIS 17218, 2006 WL 2955996

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 64847190

Published

statutory exception and are thus compensable. Section 440.092(3), Florida Statutes (2003), provides that

Whitehead v. Orange County Sheriff's Department

909 So. 2d 344, 2005 Fla. App. LEXIS 10931, 2005 WL 1651168

District Court of Appeal of Florida | Filed: Jul 15, 2005 | Docket: 64840104

Published

JCC’s denial of benefits to claimant under section 440.092(1). Claimant is a deputy sheriff and reported

Alvarez v. Sem-Chi Rice Products Corp.

861 So. 2d 513, 2003 Fla. App. LEXIS 18810, 2003 WL 22927159

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 64827027

Published

“going and coming rule” and is codified in section 440.092(2), Florida Statutes (1999), which provides

Rodriguez v. Tri-State Carriers, Inc.

792 So. 2d 1253, 2001 Fla. App. LEXIS 12432, 2001 WL 1001248

District Court of Appeal of Florida | Filed: Sep 4, 2001 | Docket: 64807903

Published

143 Fla. 103, 196 So. 495, 496 (1940); see also § 440.092(3), Fla. Stat. (1997) (“An employee who is injured

McCormick v. State-Auditor General/Division of Risk Management

772 So. 2d 612, 2000 Fla. App. LEXIS 16149, 2000 WL 1819744

District Court of Appeal of Florida | Filed: Dec 12, 2000 | Docket: 64802094

Published

provisions in chapter 440. Frist, the case involves section 440.092(2), Florida Statutes (1997), the codification

Canfield v. Weaver

768 So. 2d 1205, 2000 Fla. App. LEXIS 12366, 2000 WL 1421411

District Court of Appeal of Florida | Filed: Sep 28, 2000 | Docket: 64800887

Published

go*1206ing and coming rule as codified in section 440.092(2), Florida Statutes, and that the claimant’s

Florida Hosp. v. Garabedian

765 So. 2d 987, 2000 Fla. App. LEXIS 11546, 2000 WL 1279205

District Court of Appeal of Florida | Filed: Sep 12, 2000 | Docket: 428857

Published

recognized in case law, has been codified in section 440.092(2), Florida Statutes (1997), as follows: GOING

Klyse v. City of Largo

765 So. 2d 270, 2000 Fla. App. LEXIS 10325, 2000 WL 1152519

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 64799720

Published

under the coming and going rule set forth in section 440.092, Florida Statutes, but no issue relating to

Gulbrandsen v. Carlton Wilbert Vault, Inc.

742 So. 2d 294, 1998 Fla. App. LEXIS 11945, 1998 WL 646550

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 64791351

Published

use,” as contemplated by Florida Statutes section 440.092(2).1 We cannot agree. *295In the 1990 amendment

Madden v. Walt Disney World Co.

711 So. 2d 150, 1998 Fla. App. LEXIS 5221, 1998 WL 233373

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 64781063

Published

required as an incident of her employment. See § 440.092(1), Fla. Stat. (1991); Highlands County School

Chiang v. Wildcat Groves, Inc.

703 So. 2d 1083, 1997 Fla. App. LEXIS 11529, 1997 WL 634125

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64777895

Published

accident. They claimed, therefore, that based on section 440.092 Kitschke’s injuries were not suffered during

Bunnam v. Olsten Quality Care

667 So. 2d 948, 1996 Fla. App. LEXIS 1014, 1996 WL 55687

District Court of Appeal of Florida | Filed: Feb 13, 1996 | Docket: 64762222

Published

of the “going or coming” rule contained in section 440.092(2), Florida Statutes (1993). Finding that the

Levine v. Brevard County Sheriff's Department

658 So. 2d 1044, 1995 Fla. App. LEXIS 5450, 1995 WL 307027

District Court of Appeal of Florida | Filed: May 22, 1995 | Docket: 64758107

Published

arising out of and in the course of employment.” § 440.092(2), Fla.Stat. (1991). Nevertheless, law enforcement

Bayfront Medical Center v. Harding

653 So. 2d 1140, 1995 Fla. App. LEXIS 4539, 1995 WL 247844

District Court of Appeal of Florida | Filed: May 1, 1995 | Docket: 64755801

Published

7, 1993. The E/SA defended on the basis of section 440.092(3), Florida Statutes (1991), asserting that

Publix Supermarkets v. Finocchi

650 So. 2d 1122, 1995 Fla. App. LEXIS 1876, 1995 WL 74764

District Court of Appeal of Florida | Filed: Feb 27, 1995 | Docket: 64754456

Published

We conclude that the judge properly applied section 440.092, Florida Statutes (1991), and the special errand

Marmurek v. Sundown Vitamins

650 So. 2d 112, 1995 Fla. App. LEXIS 586, 1995 WL 35666

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 64754167

Published

compensation was to be determined by reference to section 440.092(4), Florida Statutes (Supp.1990), which reads:

U-Haul of South Florida v. March

645 So. 2d 581, 1994 Fla. App. LEXIS 11454, 1994 WL 652864

District Court of Appeal of Florida | Filed: Nov 22, 1994 | Docket: 64752255

Published

shoulder injury is not compen-sable under section 440.092(5), Florida Statutes (1991), which provides:

Spotmaster Cleaners v. Special Disability Trust Fund

580 So. 2d 263, 1991 WL 75654

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1365219

Published

5. Even assuming there is authority under Section 440.92(2) to reimburse a Section 440.20(2)(b)1. wash-out

D.L. Cullifer & Son, Inc. v. Martinez

572 So. 2d 1360, 15 Fla. L. Weekly Supp. 656, 1990 Fla. LEXIS 1780, 1990 WL 252106

Supreme Court of Florida | Filed: Dec 20, 1990 | Docket: 64655854

Published

section 14, Laws of Florida (to be codified at section 440.092(3), Florida Statutes (Supp.1990)), which provides

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.