Florida Statute 440.092 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.092

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.

F.S. 440.092 on Google Scholar

F.S. 440.092 on Casetext

Amendments to 440.092

Arrestable Offenses / Crimes under Fla. Stat. 440.092

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.092.

Annotations, Discussions, Cases:

Cases Citing Statute 440.092

Total Results: 20

CAROL ANN KULZER v. SARAH MARIE WAY AND GREENLEAF TRUST

Court: District Court of Appeal of Florida | Date Filed: 2024-02-02

Snippet: in 3 section 440.092, Florida Statutes (2023). It has also been judicially

Jermaine Davis v. Palm Beach County Sheriff's Office/USIS

Court: District Court of Appeal of Florida | Date Filed: 2016-07-25

Citation: 196 So. 3d 543, 2016 Fla. App. LEXIS 11320, 2016 WL 3974882

Snippet: for which he sought coverage under subsection 440.092(5), Florida Statutes (2012). Because we agree,

Deborah Evans v. Holland & Knight And Sentry Insurance

Court: District Court of Appeal of Florida | Date Filed: 2016-06-24

Citation: 194 So. 3d 551, 2016 Fla. App. LEXIS 9792

Snippet: exceptions to the going and coming rule. Subsection 440.092(2), Florida Statutes (2014), provides that “[a]n

Levy County Sheriff's Office v. Allen

Court: District Court of Appeal of Florida | Date Filed: 2014-06-30

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

Snippet: because he was “going to or coming from” work under 440.092(2), Florida Statutes. I. Deputy Allen is a 41-year

Urbina v. Kindred Hospital-North Florida

Court: District Court of Appeal of Florida | Date Filed: 2012-12-17

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

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

Stewart v. Lakeland Funeral Home

Court: District Court of Appeal of Florida | Date Filed: 2012-05-01

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

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

Adams v. MITCHELL G. HANCOCK, INC.

Court: District Court of Appeal of Florida | Date Filed: 2011-11-04

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

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

Sentry Insurance Co. v. Hamlin

Court: District Court of Appeal of Florida | Date Filed: 2011-09-22

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

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

Houck v. Tarragon Management, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-02-24

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

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

Kramer v. Palm Beach County

Court: District Court of Appeal of Florida | Date Filed: 2008-03-31

Citation: 978 So. 2d 836, 2008 WL 828958

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

City of Miami v. Gutierrez

Court: District Court of Appeal of Florida | Date Filed: 2008-03-12

Citation: 979 So. 2d 1028, 2008 WL 649066

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

Wilcox v. Ag Mart Produce

Court: District Court of Appeal of Florida | Date Filed: 2006-11-28

Citation: 942 So. 2d 959, 2006 WL 3408054

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

Deutsch v. Heritage Automotive Enterprises

Court: District Court of Appeal of Florida | Date Filed: 2006-10-18

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

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

Whitehead v. Orange County Sheriff's Department

Court: District Court of Appeal of Florida | Date Filed: 2005-07-15

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

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

IMC Phosphates Co. v. Prater

Court: District Court of Appeal of Florida | Date Filed: 2005-03-10

Citation: 895 So. 2d 1263, 2005 WL 548232

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

Alvarez v. Sem-Chi Rice Products Corp.

Court: District Court of Appeal of Florida | Date Filed: 2003-12-12

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

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

Ramirez v. Farish

Court: District Court of Appeal of Florida | Date Filed: 2003-10-07

Citation: 855 So. 2d 1182, 2003 WL 22287845

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

Alterra Healthcare Corporation v. Estate of Shelley

Court: Supreme Court of Florida | Date Filed: 2002-09-12

Citation: 827 So. 2d 936, 27 Fla. L. Weekly Supp. 735, 2002 Fla. LEXIS 1878, 2002 WL 31026990

Snippet: resulting in his criminal conviction, 405 U.S., at 440, 92 S.Ct. 1029, does not distinguish the standing inquiry

Rodriguez v. Tri-State Carriers, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-09-04

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

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

Dunlevy v. Seminole County Department of Public Safety

Court: District Court of Appeal of Florida | Date Filed: 2001-08-14

Citation: 792 So. 2d 592, 2001 WL 993570

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