Florida Statute 440.093 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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.

History.—s. 7, ch. 2003-412.

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F.S. 440.093 on CourtListener

Amendments to 440.093

Annotations, Discussions, Cases:

Cases Citing Statute 440.093

Total Results: 16

Footstar Corp. v. Doe

932 So. 2d 1272, 2006 WL 1933413

District Court of Appeal of Florida | Filed: Jul 14, 2006 | Docket: 1684619

Cited 4 times | Published

suffering, humiliation and emotional distress. See § 440.093, Fla. Stat. (2004) ("Nothing in this section shall

Sierra v. Metropolitan Protective Services

188 So. 3d 863, 2015 Fla. App. LEXIS 14510, 2015 WL 5714621

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 60254356

Cited 2 times | Published

of a compensa-ble psychiatric injury under section 440.093, Florida Statutes (2011). In the alternative

School Board v. Huben

165 So. 3d 865, 2015 Fla. App. LEXIS 9474, 2015 WL 3826608

District Court of Appeal of Florida | Filed: Jun 22, 2015 | Docket: 60248254

Cited 2 times | Published

that the award of TTD benefits contravenes section 440.093(3), which reads: Subject to the payment of

McKenzie v. Mental Health Care, Inc./Summit Claims Center

43 So. 3d 767, 2010 Fla. App. LEXIS 10802, 2010 WL 2873018

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 60295473

Cited 2 times | Published

compensation appeal, we are required to interpret section 440.093, Florida Statutes, enacted by the Florida Legislature

McIntosh v. CVS Pharmacy

135 So. 3d 1157, 2014 WL 1600449, 2014 Fla. App. LEXIS 5851

District Court of Appeal of Florida | Filed: Apr 22, 2014 | Docket: 60239450

Cited 1 times | Published

authorized by the E/C, shared these opinions. Section 440.093(1), Florida Statutes (2010), the statutory

Sarasota County School Board/Optacomp v. Roberson

135 So. 3d 587, 2014 WL 1467867, 2014 Fla. App. LEXIS 5494

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60239715

Cited 1 times | Published

but did not similarly limit PTD benefits. See § 440.093(3), Fla. Stat (2003). The JCC’s reasoning is sound

WG ROE & SONS v. Razo-Guevara

999 So. 2d 708, 2008 Fla. App. LEXIS 20499, 2008 WL 5411656

District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 708728

Cited 1 times | Published

limited the award to six months by applying section 440.093(3), Florida Statutes (2004). This statute provides

Steak 'N Shake, Inc. v. Amber Nicole Spears and Eric Spears

District Court of Appeal of Florida | Filed: Jun 13, 2025 | Docket: 70530554

Published

2 under this chapter. § 440.093(1), Fla. Stat. (emphasis added). Relying on the

Teresita De Jesus Abreu v. Riverland Elementary School and Broward County etc.

District Court of Appeal of Florida | Filed: Jun 18, 2019 | Docket: 15788546

Published

throughout Chapter 440, Florida Statutes. See § 440.093(2), Fla. Stat. (requiring mental or nervous injuries

Kneer v. Lincare and Travelers Insurance

267 So. 3d 1077

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64710109

Published

workers' compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and

Kneer v. Lincare and Travelers Insurance

267 So. 3d 1077

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64710110

Published

workers' compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and

William Kneer v. Lincare and Travelers Insurance

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865371

Published

workers’ compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and

Utopia Home Care/ Guarantee Ins. Co. v. Beatriz Alvarez

230 So. 3d 72

District Court of Appeal of Florida | Filed: Sep 5, 2017 | Docket: 6147625

Published

before us is the proper interpretation of section 440.093(3), Florida Statutes (2011). Under the plain

Phillips-Huter v. Amstaff Human Resources

116 So. 3d 466, 2013 WL 1859174, 2013 Fla. App. LEXIS 7288

District Court of Appeal of Florida | Filed: May 6, 2013 | Docket: 60232357

Published

the [psychiatric injury],” as required by section 440.093, Florida Statutes (2003). We agree with Claimant

ST. JOHNS RIVER POWER PARK/SCIBAL ASSOCIATES v. Griffis

46 So. 3d 123, 2010 Fla. App. LEXIS 15799, 2010 WL 4059794

District Court of Appeal of Florida | Filed: Oct 18, 2010 | Docket: 2398807

Published

injury. The relevant statutory provision is section 440.093(2), Florida Statutes (2004). Pursuant to this

Speed v. SECURITAS USA

989 So. 2d 710, 2008 WL 3912577

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1211752

Published

attack was not a compensable injury pursuant to section 440.093(1), Florida Statutes (2003). Claimant argued

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.