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Florida Statute 440.094 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.094
440.094 Extraterritorial reciprocity.
(1) If an employee in this state subject to this chapter temporarily leaves the state incidental to his or her employment and receives an accidental injury arising out of and in the course of employment, the employee is, or the beneficiaries of the employee if the injury results in death are, entitled to the benefits of this chapter as if the employee were injured within this state.
(2) An employee from another state and the employer of the employee in the other state are exempt from this chapter while the employee is temporarily in this state doing work for the employer if:
(a) The employer has furnished workers’ compensation insurance coverage under the workers’ compensation insurance or similar laws of the other state to cover the employee’s employment while in this state;
(b) The extraterritorial provisions of this chapter are recognized in the other state; and
(c) Employees and employers who are covered in this state are likewise exempted from the application of the workers’ compensation insurance or similar laws of the other state.
(3) The benefits under the workers’ compensation insurance or similar laws of the other state, or other remedies under similar law, are the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while temporarily working for that employer in this state.
(4) A certificate from the duly authorized officer of the appropriate department of another state certifying that the employer of the other state is insured in that state and has provided extraterritorial coverage insuring employees while working in this state is prima facie evidence that the employer carries that workers’ compensation insurance.
(5) Whenever in any appeal or other litigation the construction of the laws of another jurisdiction is required, the courts shall take judicial notice of such construction of the laws of the other jurisdiction.
(6) When an employee has a claim under the workers’ compensation law of another state, territory, province, or foreign nation for the same injury or occupational disease as the claim filed in this state, the total amount of compensation paid or awarded under such other workers’ compensation law shall be credited against the compensation due under the Florida Workers’ Compensation Law.
(7) For purposes of this section, an employee is considered to be temporarily in a state doing work for an employer if the employee is working for his employer in a state other than the state where he or she is primarily employed, for no more than 10 consecutive days, or no more than 25 total days, during a calendar year.
(8) This section applies to any claim made on or after July 1, 2011, regardless of the date of the accident.
History.s. 1, ch. 2011-171.

F.S. 440.094 on Google Scholar

F.S. 440.094 on Casetext

Amendments to 440.094


Arrestable Offenses / Crimes under Fla. Stat. 440.094
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.094.



Annotations, Discussions, Cases:

Cases Citing Statute 440.094

Total Results: 3

Charles Bernard, Ltd. v. Tobias Jewelry Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-02-16T00:00:00-08:00

Citation: 751 So. 2d 711, 2000 Fla. App. LEXIS 1330, 2000 WL 159149

Snippet: in the amount of $46,606.74 for a total of $189,440.94. Days Inn timely filed this appeal. Days Inn argues

Myers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-17T00:00:00-07:00

Citation: 676 So. 2d 1063, 1996 Fla. App. LEXIS 7610, 1996 WL 397281

Snippet: .J., and LAZZARA, J., concur. Nos. 94-00440, 94-02779 District Court of Appeal of Florida fladistctapp

Key West Wharf & Coal Co. v. Porter

Court: Fla. | Date Filed: 1912-01-15T00:00:00-08:00

Citation: 63 Fla. 448

Snippet: Juris. Sec. 1206; Tidball v. Schmeltz, 77 Kan. 440, 94 Pac. Rep. 794, 127 Am. St. Rep. 424. It is well