Florida Statute 440.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.10

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.

F.S. 440.10 on Google Scholar

F.S. 440.10 on Casetext

Amendments to 440.10

Arrestable Offenses / Crimes under Fla. Stat. 440.10

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

S440.10 1g - PUBLIC ORDER CRIMES - FAIL TO OBTAIN FLORIDA WORK COMP POLICY - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 440.10

Total Results: 20

Eli Wolf v. Exylena Williams

Court: District Court of Appeal of Florida | Date Filed: 2024-11-25

Snippet: expressly provided that the revisions to section 440.10 were to become effective on January 1, 2004 .

STATE OF FLORIDA v. ANDREW SCOTT CROSE

Court: District Court of Appeal of Florida | Date Filed: 2024-01-26

Snippet: apply rule since "the 2003 revision to section 440.10 occurred twenty years after the Court decided Abernathy

FERNANDO GALUE v. CLOPAY CORPORATION

Court: District Court of Appeal of Florida | Date Filed: 2023-08-30

Snippet: Clopay was Galue’s statutory employer under section 440.10(1)(b), Florida Statutes (2022), and therefore entitled

BAL HARBOUR TOWER CONDOMINIUM ASSOCIATION, INC. v. MARTIN BELLORIN

Court: District Court of Appeal of Florida | Date Filed: 2022-10-19

Snippet: was Bellorin’s statutory employer under section 440.10(1)(b), Florida Statutes (2021). The association

ELECTRIC BOAT CORPORATION vs SYLVIA FALLEN

Court: District Court of Appeal of Florida | Date Filed: 2022-06-17

Snippet: workers’ compensation immunity pursuant to section 440.10, Florida Statutes (2014). We have jurisdiction1

LEONIREZ HEREDIA v. JOHN BEACH & ASSOCIATES, INC. AND MICHAEL MELENDES GROSS

Court: District Court of Appeal of Florida | Date Filed: 2019-07-24

Snippet: subsection of the Workers Compensation Law, section 440.10(b), only creates horizontal privity when "a

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Snippet: that such a conclusion would implicate section 440.10(2), Florida Statutes, which provides that, absent

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Citation: 271 So. 3d 1133

Snippet: that such a conclusion would implicate section 440.10(2), Florida Statutes, which provides that, absent

Normandy Insurance Company v. Jose Sorto, Jimerico Construction, Inc., and Amerisure Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2018-10-31

Snippet: workers’ compensation coverage for the injury. See § 440.10(1)(b), Fla. Stat. (2016). Jimerico’s insurer, Amerisure

Ramsey v. Dewitt Excavating

Court: District Court of Appeal of Florida | Date Filed: 2018-06-11

Citation: 248 So. 3d 1270

Snippet: (1) The liability of an employer prescribed in s. 440.10 shall be exclusive and in place of

Charles Gladden v. Fisher Thomas, Inc., The Green etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-11-19

Snippet: “[t]he liability of an employer prescribed in s. 440.10 shall be exclusive and in place of all other liability

Wert v. Camacho

Court: District Court of Appeal of Florida | Date Filed: 2016-09-02

Citation: 200 So. 3d 787, 2016 Fla. App. LEXIS 13276, 2016 WL 4607535

Snippet: subcontractor statutory immunity under section 440.10(l)(e), which they also referred to as horizontal

Wert v. Camacho

Court: District Court of Appeal of Florida | Date Filed: 2016-03-30

Snippet: subcontractor statutory immunity under section 440.10(1)(e), which they also referred to as horizontal

Mathis v. Sacred Heart Health System, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-03-24

Citation: 187 So. 3d 951, 2016 Fla. App. LEXIS 4551, 2016 WL 1165423

Snippet: subcontracted “contract work” within the meaning of section 440.10(l)(b), Florida Statutes, we reverse and remand

Moradiellos v. Gerelco Traffic Controls, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-09-02

Citation: 176 So. 3d 329, 2015 Fla. App. LEXIS 13272, 2015 WL 5158490

Snippet: coverage as a subcontractor, consistent with s. 440.10, for work performed by or as.a subcontractor.

Slora v. Sun 'n Fun Fly-In, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-08-26

Citation: 173 So. 3d 1099, 2015 Fla. App. LEXIS 12708, 2015 WL 5023000

Snippet: compensation benefits to Ms. Slo-ra. See §§ 440.10(l)(b), 440.11(1), Fla. Stat. (2010). According

Wilson Ciceron and Rosie Ciceron v. Sunbelt Rentals, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-15

Citation: 163 So. 3d 609, 2015 Fla. App. LEXIS 5499

Snippet: entitled to horizontal immunity pursuant to section 440.10(1)(e), Florida Statutes (2010). We agree and reverse

Pamela Mitchell v. Osceola County School Board

Court: District Court of Appeal of Florida | Date Filed: 2015-03-10

Citation: 159 So. 3d 334, 2015 Fla. App. LEXIS 3367, 2015 WL 1018551

Snippet: OCSB was not a statutory employer under section 440.10(l)(b), Florida Statutes (2011), we reverse and

Roof Painting by Hartzell Inc v. Andres Hernandez, Color Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-02-15

Citation: 158 So. 3d 709

Snippet: services for both Hartzell and Colors. Section 440.10(l)(b), Florida Statutes (2012), provides that “[i]n

Baker v. Airguide Manufacturing, LLC

Court: District Court of Appeal of Florida | Date Filed: 2014-10-29

Citation: 151 So. 3d 38, 2014 Fla. App. LEXIS 17627, 2014 WL 5462528

Snippet: to all such borrowed employees as required in s. 440.10, except when such payment has been secured by the