Florida Statutes

Fla. Stat. § 440.10 (2025)

Liability for compensation.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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440.10 Liability for compensation.—

(1)(a) Every employer coming within the provisions of this chapter shall be liable for, and shall secure, the payment to his or her employees, or any physician, surgeon, or pharmacist providing services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16. Any contractor or subcontractor who engages in any public or private construction in the state shall secure and maintain compensation for his or her employees under this chapter as provided in s. 440.38.

(b) In case a contractor sublets any part or parts of his or her contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment, and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.

(c) A contractor shall require a subcontractor to provide evidence of workers’ compensation insurance. A subcontractor who is a corporation and has an officer who elects to be exempt as permitted under this chapter shall provide a copy of his or her certificate of exemption to the contractor.

(d)1. If a contractor becomes liable for the payment of compensation to the employees of a subcontractor who has failed to secure such payment in violation of s. 440.38, the contractor or other third-party payor shall be entitled to recover from the subcontractor all benefits paid or payable plus interest unless the contractor and subcontractor have agreed in writing that the contractor will provide coverage.

2. If a contractor or third-party payor becomes liable for the payment of compensation to the corporate officer of a subcontractor who is engaged in the construction industry and has elected to be exempt from the provisions of this chapter, but whose election is invalid, the contractor or third-party payor may recover from the claimant or corporation all benefits paid or payable plus interest, unless the contractor and the subcontractor have agreed in writing that the contractor will provide coverage.

(e) A subcontractor providing services in conjunction with a contractor on the same project or contract work is not liable for the payment of compensation to the employees of another subcontractor or the contractor on such contract work and is protected by the exclusiveness-of-liability provisions of s. 440.11 from any action at law or in admiralty on account of injury to an employee of another subcontractor, or of the contractor, provided that:

1. The subcontractor has secured workers’ compensation insurance for its employees or the contractor has secured such insurance on behalf of the subcontractor and its employees in accordance with paragraph (b); and

2. The subcontractor’s own gross negligence was not the major contributing cause of the injury.

(f) If an employer fails to secure compensation as required by this chapter, the department shall assess against the employer a penalty not to exceed $5,000 for each employee of that employer who is classified by the employer as an independent contractor but who is found by the department to not meet the criteria for an independent contractor that are set forth in s. 440.02. The department shall adopt rules to administer the provisions of this paragraph.

(g) Subject to s. 440.38, any employer who has employees engaged in work in this state shall obtain a Florida policy or endorsement for such employees which utilizes Florida class codes, rates, rules, and manuals that are in compliance with and approved under the provisions of this chapter and the Florida Insurance Code. Failure to comply with this paragraph is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The department shall adopt rules for construction industry and nonconstruction-industry employers with regard to the activities that define what constitutes being “engaged in work” in this state, using the following standards:

1. For employees of nonconstruction-industry employers who have their headquarters outside of Florida and also operate in Florida and who are routinely crossing state lines, but usually return to their homes each night, the employee shall be assigned to the headquarters’ state. However, the construction industry employees performing new construction or alterations in Florida shall be assigned to Florida even if the employees return to their home state each night.

2. The payroll of executive supervisors who may visit a Florida location but who are not in direct charge of a Florida location shall be assigned to the state in which the headquarters is located.

3. For construction contractors who maintain a permanent staff of employees and superintendents, if any of these employees or superintendents are assigned to a job that is located in Florida, either for the duration of the job or any portion thereof, their payroll shall be assigned to Florida rather than the headquarters’ state.

4. Employees who are hired for a specific project in Florida shall be assigned to Florida.

(2) Compensation shall be payable irrespective of fault as a cause for the injury, except as provided in s. 440.09(3).

History.—s. 10, ch. 17481, 1935; CGL 1936 Supp. 5966(10); s. 4, ch. 18413, 1937; s. 6, ch. 74-197; s. 23, ch. 78-300; ss. 5, 124, ch. 79-40; s. 21, ch. 79-312; s. 2, ch. 80-236; s. 14, ch. 86-171; ss. 7, 43, ch. 89-289; ss. 15, 56, ch. 90-201; ss. 11, 52, ch. 91-1; s. 4, ch. 91-2; s. 7, ch. 93-415; s. 104, ch. 97-103; s. 4, ch. 98-174; s. 15, ch. 2002-194; s. 7, ch. 2002-236; s. 470, ch. 2003-261; s. 8, ch. 2003-412.

Arrestable Offenses under F.S. 440.10

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§440.10(1g)PUBLIC ORDER CRIMESFAIL TO OBTAIN FLORIDA WORK COMP POLICYF · 2nd

Notes of Decisions

Cited in 279 cases (12 in the last 5 years), 1950–2026 · leading case: Ramcharitar v. Derosins, 35 So. 3d 94 (Fla. 3d DCA 2010).

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Ramcharitar v. Derosins, 35 So. 3d 94 (Fla. 3d DCA 2010). · cites it 21× “10 in 1974 to eliminate a subcontractor’s horizontal immunity, the plaintiff filed a negligence action against the defendant subcontractor.”

Roberts v. Gator Freightways, Inc., 538 So. 2d 55 (Fla. 1st DCA 1989). · cites it 18× “(Gator), and that (2) Gator was not a statutory employer of claimant under the provisions of Section 440.10, Florida Statutes (1985). We affirm the first ruling but reverse the second.”

Rabon v. Inn of Lake City, Inc., 693 So. 2d 1126 (Fla. 1st DCA 1997). · cites it 18× “, Florida Statutes, as it was the statutory employer of plaintiff, pursuant to section 440.10, Florida Statutes, at the time of the incident described in the Complaint.”

Gator Freightways, Inc. v. Roberts, 550 So. 2d 1117 (Fla. 1989). · cites it 11× “Roberts argued that he was either an employee of Gator Freightways or a statutory employee of Gator Freightways pursuant to section 440.10, Florida Statutes (1985). The deputy commissioner denied Roberts relief, finding that no employer-employee relationship existed between…”

Amorin v. Gordon, 996 So. 2d 913 (Fla. 4th DCA 2008). · cites it 17× “"The obvious legislative intent [behind section 440.10 is] to insure that a person performing a contractor's work, even as an employee of a subcontractor, shall be entitled to workers' compensation protection with the primary employer if the subcontractor fails to provide such…”

Miami Herald Publ'g v. Hatch, 617 So. 2d 380 (Fla. 1st DCA 1993). · cites it 13× “Section 440.10, Florida Statutes (1991), provides in pertinent part: (1)(a) Every employer coming within the provisions of this chapter, .”

Motchkavitz v. LC Boggs Indus., Inc., 407 So. 2d 910 (Fla. 1981). · cites it 10× “ (1) The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability of such employer to any third party tortfeasor and to the employee, his dependents, next of kin, and anyone otherwise entitled to recover damages from such employer…”

Vallejos v. Lan Cargo S.A., 116 So. 3d 545 (Fla. 3d DCA 2013). · cites it 10× “Fla. Stat. §§ 440.10 -.il (2003). Vallejos argues that Lan and Infinity are not immune because he did not elect workers’ compensation as his remedy.”

Zeiger Crane Rentals, Inc. v. Double a Indus., Inc., 16 So. 3d 907 (Fla. 4th DCA 2009). · cites it 16× “See § 440.10(l)(e), Fla. Stat. (2007). Same-project subcontractors who are sued under section 440.”

Walker & LaBerge, Inc. v. Halligan, 344 So. 2d 239 (Fla. 1977). · cites it 5× “In 1974, prior to the filing of the complaint in the instant action, Section 440.10, Florida Statutes (1973), was amended by addition of the following sentence: "A subcontractor is not liable for the payment of compensation to the employees of another subcontractor on such…”

Moradiellos v. Gerelco Traffic Controls, Inc., 176 So. 3d 329 (Fla. 3d DCA 2015). · cites it 6× “This conclusion is separately confirmed by reading section 440.10(e), Florida Statutes (2014), which is the specific provision dealing with immunity for subcontractors.”

Florida Ins. Guar. Ass'n v. Revoredo, 698 So. 2d 890 (Fla. 3d DCA 1997). · cites it 7× “1981), made it clear that subcontractors' employees, such as Revoredo, are employees of the contractor and are protected by the workers' compensation law, stating: "Section 440.10 establishes the concept of `statutory employer' for contractors who sublet part of their work to…”

Show all 279 citing cases →

— 440.10(1) — 82 cases

Motchkavitz v. LC Boggs Indus., Inc., 407 So. 2d 910 (Fla. 1981). “ (1) The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability of such employer to any third party tortfeasor and to the employee, his dependents, next of kin, and anyone otherwise entitled to recover damages from such employer…”

Florida Ins. Guar. Ass'n v. Revoredo, 698 So. 2d 890 (Fla. 3d DCA 1997). “1981), made it clear that subcontractors' employees, such as Revoredo, are employees of the contractor and are protected by the workers' compensation law, stating: "Section 440.10 establishes the concept of `statutory employer' for contractors who sublet part of their work to…”

Ramcharitar v. Derosins, 35 So. 3d 94 (Fla. 3d DCA 2010). “10 in 1974 to eliminate a subcontractor’s horizontal immunity, the plaintiff filed a negligence action against the defendant subcontractor.”

Boyd-Scarp Enter., Inc. v. Saunders, 453 So. 2d 161 (Fla. 1st DCA 1984).

Walker & LaBerge, Inc. v. Halligan, 344 So. 2d 239 (Fla. 1977). “In 1974, prior to the filing of the complaint in the instant action, Section 440.10, Florida Statutes (1973), was amended by addition of the following sentence: "A subcontractor is not liable for the payment of compensation to the employees of another subcontractor on such…”

— 440.10(1)(a) — 12 cases

Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla. 2005).

Cuero v. Ryland Grp., Inc., 849 So. 2d 326 (Fla. 2d DCA 2003).

State Farm Mut. Auto. Ins. Co. v. Pressley, 28 So. 3d 105 (Fla. 1st DCA 2010).

Gaines v. Orange Cnty. Pub. Utils., 710 So. 2d 139 (Fla. 1st DCA 1998).

Sun Bank/South Florida, NA v. Baker, 632 So. 2d 669 (Fla. 4th DCA 1994).

— 440.10(1)(b) — 41 cases

Rabon v. Inn of Lake City, Inc., 693 So. 2d 1126 (Fla. 1st DCA 1997). “, Florida Statutes, as it was the statutory employer of plaintiff, pursuant to section 440.10, Florida Statutes, at the time of the incident described in the Complaint.”

Miami-Dade Cnty. v. Acosta, 757 So. 2d 539 (Fla. 3d DCA 2000).

Cuero v. Ryland Grp., Inc., 849 So. 2d 326 (Fla. 2d DCA 2003).

Smith v. Mariner's Bay Condo. Ass'n, Inc., 789 So. 2d 1228 (Fla. 3d DCA 2001).

Miami Herald Publ'g v. Hatch, 617 So. 2d 380 (Fla. 1st DCA 1993). “Section 440.10, Florida Statutes (1991), provides in pertinent part: (1)(a) Every employer coming within the provisions of this chapter, .”

— 440.10(1)(c) — 1 case

Contractor's Mgmt. Servs., Inc. v. Dixon, 734 So. 2d 435 (Fla. 4th DCA 1999).

— 440.10(1)(e) — 11 cases

Amorin v. Gordon, 996 So. 2d 913 (Fla. 4th DCA 2008). “"The obvious legislative intent [behind section 440.10 is] to insure that a person performing a contractor's work, even as an employee of a subcontractor, shall be entitled to workers' compensation protection with the primary employer if the subcontractor fails to provide such…”

Biggins v. Fantasma Prods., Inc. of Florida, 943 So. 2d 952 (Fla. 4th DCA 2006).

Bruno v. Destiny Transp., Inc., 921 So. 2d 836 (Fla. 2d DCA 2006).

Wilson Ciceron & Rosie Ciceron v. Sunbelt Rentals, Inc., 163 So. 3d 609 (Fla. 4th DCA 2015).

Tsafatinos v. Fam. Dollar Stores of Florida, Inc., 116 So. 3d 576 (Fla. 2d DCA 2013).

— 440.10(1)(e)(2) — 2 cases

Pyjek v. ValleyCrest Landscape Dev., Inc., 116 So. 3d 475 (Fla. 2d DCA 2013).

Elec. Boat Corp. Vs Sylvia Fallen (Fla. 5th DCA 2022).

— 440.10(1)(f) — 1 case

Riopelle v. Dep't of Fin. Servs., 907 So. 2d 1220 (Fla. 1st DCA 2005).

— 440.10(15) — 1 case

Grice v. Escambia Cnty. Sheriff's Dep't, 658 So. 2d 1208 (Fla. 1st DCA 1995).

— 440.10(2) — 5 cases

Sentry Ins. Co. v. Hamlin, 69 So. 3d 1065 (Fla. 1st DCA 2011).

Ross v. Charlotte Cnty. Pub. Schs., 100 So. 3d 781 (Fla. 1st DCA 2012).

Sedgwick CMS & The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams, 271 So. 3d 1133 (Fla. 1st DCA 2019).

Belford Trucking Co. v. Pinson, 360 So. 2d 1140 (Fla. 1st DCA 1978).

Sedgwick CMS & The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams (Fla. 1st DCA 2019).

— 440.10(e) — 1 case

Moradiellos v. Gerelco Traffic Controls, Inc., 176 So. 3d 329 (Fla. 3d DCA 2015). “This conclusion is separately confirmed by reading section 440.10(e), Florida Statutes (2014), which is the specific provision dealing with immunity for subcontractors.”

— 440.10(g) — 1 case

Smith v. Larry Rice Constr., 730 So. 2d 336 (Fla. 1st DCA 1999).

— 440.10(l)(a) — 13 cases

Ocean Reef Club, Inc. v. Wilczewski, 99 So. 3d 1 (Fla. 3d DCA 2012).

Adams Homes of Nw. Florida, Inc. v. Cranfill, 7 So. 3d 611 (Fla. 5th DCA 2009).

Deen v. Quantum Resources, Inc., 750 So. 2d 616 (Fla. 1999).

Gomez Lawn Serv., Inc. v. The Hartford, 98 So. 3d 212 (Fla. 1st DCA 2012).

VMS, Inc. v. Alfonso, 147 So. 3d 1071 (Fla. 3d DCA 2014).

— 440.10(l)(b) — 28 cases

Felder v. King Motor Co. of South Florida, 110 So. 3d 105 (Fla. 4th DCA 2013).

Mathis v. Sacred Heart Health Sys., Inc., 187 So. 3d 951 (Fla. 1st DCA 2016).

Sotomayor v. Huntington Broward Assocs. L.P., Ltd., 697 So. 2d 1006 (Fla. 1st DCA 1997).

Amerisure Ins. v. Orange & Blue Constr., Inc., 913 F. Supp. 2d 1363 (S.D. Fla. 2012).

Slora v. Sun 'n Fun Fly-In, Inc., 173 So. 3d 1099 (Fla. 2d DCA 2015).

— 440.10(l)(b)(l) — 1 case

Am. States Ins. v. Pioneer Elec. Co., 85 F. Supp. 2d 1337 (S.D. Fla. 2000).

— 440.10(l)(e) — 5 cases

Zeiger Crane Rentals, Inc. v. Double a Indus., Inc., 16 So. 3d 907 (Fla. 4th DCA 2009). “See § 440.10(l)(e), Fla. Stat. (2007). Same-project subcontractors who are sued under section 440.”

Villalta v. Cornn Int'l, Inc., 110 So. 3d 952 (Fla. 1st DCA 2013).

Villalta v. Cornn Int'l, Inc., 109 So. 3d 278 (Fla. 1st DCA 2013).

Wilson Ciceron & Rosie Ciceron v. Sunbelt Rentals, Inc., 163 So. 3d 609 (Fla. 4th DCA 2015).

Wert v. Camacho, 200 So. 3d 787 (Fla. 2d DCA 2016).

— 440.10(l)(e)(2) — 2 cases

Vallejos v. Lan Cargo S.A., 116 So. 3d 545 (Fla. 3d DCA 2013). “Fla. Stat. §§ 440.10 -.il (2003). Vallejos argues that Lan and Infinity are not immune because he did not elect workers’ compensation as his remedy.”

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