Florida Statutes
Fla. Stat. § 440.093 (2025)
Mental and nervous injuries.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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440.093 Mental and nervous injuries.—
(1) A mental or nervous injury due to stress, fright, or excitement only is not an injury by accident arising out of the employment. Nothing in this section shall be construed to allow for the payment of benefits under this chapter for mental or nervous injuries without an accompanying physical injury requiring medical treatment. A physical injury resulting from mental or nervous injuries unaccompanied by physical trauma requiring medical treatment shall not be compensable under this chapter.
(2) Mental or nervous injuries occurring as a manifestation of an injury compensable under this chapter shall be demonstrated by clear and convincing medical evidence by a licensed psychiatrist meeting criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association. The compensable physical injury must be and remain the major contributing cause of the mental or nervous condition and the compensable physical injury as determined by reasonable medical certainty must be at least 50 percent responsible for the mental or nervous condition as compared to all other contributing causes combined. Compensation is not payable for the mental, psychological, or emotional injury arising out of depression from being out of work or losing employment opportunities, resulting from a preexisting mental, psychological, or emotional condition or due to pain or other subjective complaints that cannot be substantiated by objective, relevant medical findings.
(3) Subject to the payment of permanent benefits under s. 440.15, in no event shall temporary benefits for a compensable mental or nervous injury be paid for more than 6 months after the date of maximum medical improvement for the injured employee’s physical injury or injuries, which shall be included in the period of 104 weeks as provided in s. 440.15(2) and (4). Mental or nervous injuries are compensable only in accordance with the terms of this section.
Notes of Decisions
Cited in 18
cases (3 in the last 5 years), 2006–2026 · leading case: McKenzie v. Mental Health Care, Inc./Summit Claims Ctr., 43 So. 3d 767 (Fla. 1st DCA 2010).
McKenzie v. Mental Health Care, Inc./Summit Claims Ctr., 43 So. 3d 767 (Fla. 1st DCA 2010). “In this workers’ compensation appeal, we are required to interpret section 440.093, Florida Statutes, enacted by the Florida Legislature as part of the 2003 Chapter 440 reforms.”
Utopia Home Care/ Guarantee Ins. Co. v. Beatriz Alvarez, 230 So. 3d 72 (Fla. 1st DCA 2017). “However, the limited grant of eligibility for mental-health benefits in section 440.093 is an exception to the general rule of non-compensability for such injuries, and limiting that exception is within the province of the Legislature, Limiting the availability of post-physical…”
WG ROE & SONS v. Razo-Guevara, 999 So. 2d 708 (Fla. 1st DCA 2008). “The JCC limited the award to six months by applying section 440.093(3), Florida Statutes (2004).”
McIntosh v. CVS Pharmacy, 135 So. 3d 1157 (Fla. 1st DCA 2014). “A physical injury resulting from mental or nervous injuries unaccompanied by physical trauma requiring medical treatment shall not be compensable under this chapter.”
Sierra v. Metro. Prot. Servs., 188 So. 3d 863 (Fla. 1st DCA 2015). “Segal’s somewhat equivocal causation testimony was not clear and convincing evidence to support a claim of a compensa-ble psychiatric injury under section 440.093, Florida Statutes (2011).”
Footstar Corp. v. Doe, 932 So. 2d 1272 (Fla. 2d DCA 2006). “See § 440.093, Fla. Stat. (2004) ("Nothing in this section shall be construed to allow for the payment of benefits under this chapter for mental or nervous injuries without an accompanying physical injury requiring medical treatment.”
Sch. Bd. v. Huben, 165 So. 3d 865 (Fla. 1st DCA 2015). “§ 440.093(3), Fla. Stat. (2006). In this case, it is undisputed that Claimant’s com-pensable physical injury to her arm reached maximum medical improvement on January 9, 2014; that she was receiving impairment benefits based on her twenty-percent permanent impairment rating;…”
Sarasota Cnty. Sch. Bd./Optacomp v. Roberson, 135 So. 3d 587 (Fla. 1st DCA 2014). “Section 440.093 was enacted to specifically address “Mental and Nervous Injuries.”
William Kneer v. Lincare & Travelers Ins. (Fla. 2d DCA 2019). “Had Claimant’s psychiatric injury developed contemporaneously or closer in time with his physical injuries, he could have qualified for TPD benefits prior to physical MMI, and then for six months after reaching physical MMI.”
Kneer v. Lincare & Travelers Ins., 267 So. 3d 1077 (Fla. 1st DCA 2019). “Under § 440.093 and the case law, Claimant missed the window for receiving TPD benefits related to his psychiatric injury.”
Kneer v. Lincare & Travelers Ins., 267 So. 3d 1077 (Fla. 1st DCA 2019). “Under § 440.093 and the case law, Claimant missed the window for receiving TPD benefits related to his psychiatric injury.”
Edward Koren v. City of Kissimmee, & Preferred Governmental Claim Solutions (Fla. 1st DCA 2026). “20(4) and the standards mandated by section 440.093 for mental and nervous injuries.”
— 440.093(1) — 8 cases
McKenzie v. Mental Health Care, Inc./Summit Claims Ctr., 43 So. 3d 767 (Fla. 1st DCA 2010). “In this workers’ compensation appeal, we are required to interpret section 440.093, Florida Statutes, enacted by the Florida Legislature as part of the 2003 Chapter 440 reforms.”
McIntosh v. CVS Pharmacy, 135 So. 3d 1157 (Fla. 1st DCA 2014). “A physical injury resulting from mental or nervous injuries unaccompanied by physical trauma requiring medical treatment shall not be compensable under this chapter.”
Utopia Home Care/ Guarantee Ins. Co. v. Beatriz Alvarez, 230 So. 3d 72 (Fla. 1st DCA 2017). “However, the limited grant of eligibility for mental-health benefits in section 440.093 is an exception to the general rule of non-compensability for such injuries, and limiting that exception is within the province of the Legislature, Limiting the availability of post-physical…”
Speed v. Securitas USA, 989 So. 2d 710 (Fla. 1st DCA 2008).
Steak 'N Shake, Inc. v. Amber Nicole Spears & Eric Spears (Fla. 5th DCA 2025).
— 440.093(2) — 7 cases
McKenzie v. Mental Health Care, Inc./Summit Claims Ctr., 43 So. 3d 767 (Fla. 1st DCA 2010). “In this workers’ compensation appeal, we are required to interpret section 440.093, Florida Statutes, enacted by the Florida Legislature as part of the 2003 Chapter 440 reforms.”
McIntosh v. CVS Pharmacy, 135 So. 3d 1157 (Fla. 1st DCA 2014). “A physical injury resulting from mental or nervous injuries unaccompanied by physical trauma requiring medical treatment shall not be compensable under this chapter.”
Utopia Home Care/ Guarantee Ins. Co. v. Beatriz Alvarez, 230 So. 3d 72 (Fla. 1st DCA 2017). “However, the limited grant of eligibility for mental-health benefits in section 440.093 is an exception to the general rule of non-compensability for such injuries, and limiting that exception is within the province of the Legislature, Limiting the availability of post-physical…”
St. Johns River Power park/scibal Assocs. v. Griffis, 46 So. 3d 123 (Fla. 1st DCA 2010).
Edward Koren v. City of Kissimmee, & Preferred Governmental Claim Solutions (Fla. 1st DCA 2026). “20(4) and the standards mandated by section 440.093 for mental and nervous injuries.”
— 440.093(3) — 8 cases
Utopia Home Care/ Guarantee Ins. Co. v. Beatriz Alvarez, 230 So. 3d 72 (Fla. 1st DCA 2017). “However, the limited grant of eligibility for mental-health benefits in section 440.093 is an exception to the general rule of non-compensability for such injuries, and limiting that exception is within the province of the Legislature, Limiting the availability of post-physical…”
WG ROE & SONS v. Razo-Guevara, 999 So. 2d 708 (Fla. 1st DCA 2008). “The JCC limited the award to six months by applying section 440.093(3), Florida Statutes (2004).”
Sch. Bd. v. Huben, 165 So. 3d 865 (Fla. 1st DCA 2015). “§ 440.093(3), Fla. Stat. (2006). In this case, it is undisputed that Claimant’s com-pensable physical injury to her arm reached maximum medical improvement on January 9, 2014; that she was receiving impairment benefits based on her twenty-percent permanent impairment rating;…”
Sarasota Cnty. Sch. Bd./Optacomp v. Roberson, 135 So. 3d 587 (Fla. 1st DCA 2014). “Section 440.093 was enacted to specifically address “Mental and Nervous Injuries.”
William Kneer v. Lincare & Travelers Ins. (Fla. 2d DCA 2019). “Had Claimant’s psychiatric injury developed contemporaneously or closer in time with his physical injuries, he could have qualified for TPD benefits prior to physical MMI, and then for six months after reaching physical MMI.”
— 440.093(8) — 1 case
Utopia Home Care/ Guarantee Ins. Co. v. Beatriz Alvarez, 230 So. 3d 72 (Fla. 1st DCA 2017). “However, the limited grant of eligibility for mental-health benefits in section 440.093 is an exception to the general rule of non-compensability for such injuries, and limiting that exception is within the province of the Legislature, Limiting the availability of post-physical…”
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