Florida Statute 440.185 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.185

440.185 Notice of injury or death; reports; penalties for violations.—

(1) An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter unless:

(a) The employer or the employer’s agent had actual knowledge of the injury;

(b) The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment;

(c) The employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055; or

(d) Exceptional circumstances, outside the scope of paragraph (a) or paragraph (b) justify such failure.

In the event of death arising out of and in the course of employment, the requirements of this subsection shall be satisfied by the employee’s agent or estate. Documents prepared by counsel in connection with litigation, including but not limited to notices of appearance, petitions, motions, or complaints, shall not constitute notice for purposes of this section.

(2) Within 7 days after actual knowledge of injury or death, the employer shall report such injury or death to its carrier, in a format prescribed by the department, and shall provide a copy of such report to the employee or the employee’s estate. The report of injury shall contain the following information:

(a) The name, address, and business of the employer;

(b) The name, social security number, street, mailing address, telephone number, and occupation of the employee;

(d) The year, month, day, and hour when, and the particular locality where, the injury or death occurred; and

(e) Such other information as the department may require.

The carrier shall, within 14 days after the employer’s receipt of the form reporting the injury, file the information required by this subsection with the department. However, the department may by rule provide for a different reporting system for those types of injuries which it determines should be reported in a different manner and for those cases which involve minor injuries requiring professional medical attention in which the employee does not lose more than 7 days of work as a result of the injury and is able to return to the job immediately after treatment and resume regular work.

(3) Within 3 business days after the employer or the employee informs the carrier of an injury, the carrier shall send by regular mail or e-mail to the injured worker an informational brochure approved by the department which sets forth in clear and understandable language an explanation of the rights, benefits, procedures for obtaining benefits and assistance, criminal penalties, and obligations of injured workers and their employers under the Florida Workers’ Compensation Law. Annually, the carrier or its third-party administrator shall send by regular mail or e-mail to the employer an informational brochure approved by the department which sets forth in clear and understandable language an explanation of the rights, benefits, procedures for obtaining benefits and assistance, criminal penalties, and obligations of injured workers and their employers under the Florida Workers’ Compensation Law. All such informational brochures shall contain a notice that clearly states in substance the following: “Any person who, knowingly and with intent to injure, defraud, or deceive any employer or employee, insurance company, or self-insured program, files a statement of claim containing any false or misleading information commits a felony of the third degree.”

(4) Additional reports with respect to such injury and of the condition of such employee, including copies of medical reports, funeral expenses, and wage statements, shall be filed by the employer or carrier to the department at such times and in such manner as the department may prescribe by rule. In carrying out its responsibilities under this chapter, the department or agency may by rule provide for the obtaining of any medical records relating to medical treatment provided pursuant to this chapter, notwithstanding the provisions of ss. 90.503 and 395.3025(4).

(5) In the absence of a stipulation by the parties, reports provided for in subsection (2), subsection (3), or subsection (4) shall not be evidence of any fact stated in such report in any proceeding relating thereto, except for medical reports which, if otherwise qualified, may be admitted at the discretion of the judge of compensation claims.

(6) Every carrier shall file with the department within 21 days after the issuance of a policy or contract of insurance such policy information as the department requires, including notice of whether the policy is a minimum premium policy. Notice of cancellation or expiration of a policy as set out in s. 440.42(3) shall be mailed to the department in accordance with rules adopted by the department under chapter 120. The department may contract with a private entity for the collection of policy information required to be filed by carriers under this subsection and the receipt of notices of cancellation or expiration of a policy required to be filed by carriers under s. 440.42(3). The submission of policy information or notices of cancellation or expiration to the contracted private entity satisfies the filing requirements of this subsection and s. 440.42(3).

(7) When a claimant, employer, or carrier has the right, or is required, to mail a report or notice with required copies within the times prescribed in subsection (2), subsection (3), or subsection (4), such mailing will be completed and in compliance with this section if it is postmarked and mailed prepaid to the appropriate recipient prior to the expiration of the time periods prescribed in this section.

(8) Any employer or carrier who fails or refuses to timely send any form, report, or notice required by this section shall be subject to an administrative fine by the department not to exceed $500 for each such failure or refusal. However, any employer who fails to notify the carrier of an injury on the prescribed form or by letter within the 7 days required in subsection (2) shall be liable for the administrative fine, which shall be paid by the employer and not the carrier. Failure by the employer to meet its obligations under subsection (2) shall not relieve the carrier from liability for the administrative fine if it fails to comply with subsections (3) and (4).

(9) The department may by rule prescribe forms and procedures governing the submission of the change in claims administration report and the risk class code and standard industry code report for all lost time and denied lost-time cases. The department may by rule define terms that are necessary for the effective administration of this section.

(10) Upon receiving notice of an injury from an employee under subsection (1), the employer or carrier shall provide the employee with a written notice, in the form and manner determined by the department by rule, of the availability of services from the Employee Assistance and Ombudsman Office. The substance of the notice to the employee shall include:

(a) A description of the scope of services provided by the office.

(b) A listing of the toll-free telephone number of, the e-mail address, and the postal address of the office.

(c) A statement that the informational brochure referred to in subsection (3) will be mailed to the employee within 3 days after the carrier receives notice of the injury.

(d) Any other information regarding access to assistance that the department finds is immediately necessary for an injured employee.

History.—s. 10, ch. 75-209; s. 1, ch. 77-174; ss. 6, 23, ch. 78-300; ss. 14, 124, ch. 79-40; ss. 10, 21, ch. 79-312; s. 6, ch. 80-236; s. 276, ch. 81-259; s. 6, ch. 83-305; s. 8, ch. 86-171; s. 5, ch. 87-330; s. 5, ch. 88-203; ss. 14, 43, ch. 89-289; ss. 22, 56, ch. 90-201; ss. 20, 52, ch. 91-1; s. 29, ch. 91-46; s. 82, ch. 92-289; s. 22, ch. 93-415; s. 112, ch. 97-103; s. 4, ch. 98-125; s. 9, ch. 98-174; s. 3, ch. 98-407; s. 93, ch. 2000-153; s. 15, ch. 2001-91; s. 29, ch. 2002-194; s. 21, ch. 2003-412; s. 13, ch. 2004-6; s. 8, ch. 2013-141; s. 5, ch. 2016-56; s. 29, ch. 2017-3; s. 14, ch. 2022-138.

F.S. 440.185 on Google Scholar

F.S. 440.185 on Casetext

Amendments to 440.185

Arrestable Offenses / Crimes under Fla. Stat. 440.185

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.185.

Annotations, Discussions, Cases:

Cases Citing Statute 440.185

Total Results: 20

American Airlines Group American Airlines and Sedgwick CMS v. Alejandro Lopez

Court: District Court of Appeal of Florida | Date Filed: 2024-05-22

Snippet: employer of the injury or death pursuant to s. 440.185(1) and the petition is filed within 2 years after

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

Court: District Court of Appeal of Florida | Date Filed: 2019-06-18

Snippet: provided notice to the employee in accordance with s. 440.185 and that the employer has posted notice in accordance

THE SCHOOL BOARD OF HILLSBOROUGH COUNTY, FLORIDA v. STEPHANIE WOODFORD

Court: District Court of Appeal of Florida | Date Filed: 2019-04-26

Citation: 270 So. 3d 481

Snippet: wage in a conspicuous and accessible place); § 440.185(10), Fla. Stat. (2018) (stating that, "upon

City of Dania Beach and PGCS v. David Zipoli

Court: District Court of Appeal of Florida | Date Filed: 2016-10-10

Citation: 204 So. 3d 52, 2016 Fla. App. LEXIS 15058

Snippet: informational brochure compliant with section 440.185, Florida Statutes. The merits hearing was bifurcated

Jermaine Davis v. Palm Beach County Sheriff's Office/USIS

Court: District Court of Appeal of Florida | Date Filed: 2016-07-25

Citation: 196 So. 3d 543, 2016 Fla. App. LEXIS 11320, 2016 WL 3974882

Snippet: course and scope of employment, found in subsection 440.185(1), Florida Statutes (2012), to his subsequent

Phillip A. Fortune v. Gulf Coast Tree Care Inc./Florida Citrus etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-12

Citation: 148 So. 3d 827

Snippet: days of actual knowledge of injury or death” § 440.185(2), Fla. Stat. (2010) — then all of the statutorily-mandated

Caceres v. Sedano's Supermarkets

Court: District Court of Appeal of Florida | Date Filed: 2014-06-03

Citation: 138 So. 3d 1224, 2014 WL 2479392, 2014 Fla. App. LEXIS 8535

Snippet: remand the case for additional findings. Section 440.185(1), Florida Statutes (2002) requires that a claimant

City of North Bay Village v. Guevara

Court: District Court of Appeal of Florida | Date Filed: 2013-11-06

Citation: 129 So. 3d 1100, 2013 Fla. App. LEXIS 17728, 2013 WL 5932296

Snippet: Florida Injured Employees,” as required by section 440.185(4), Florida Statutes (2006). On October 18, 2011

Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management

Court: District Court of Appeal of Florida | Date Filed: 2013-09-23

Citation: 122 So. 3d 440, 2013 WL 5302584, 2013 Fla. App. LEXIS 15084

Snippet: employer of the injury or death pursuant to s. 440.185(1) and the petition is filed within 2 years after

Gomez Lawn Service, Inc. v. The Hartford

Court: District Court of Appeal of Florida | Date Filed: 2012-09-28

Citation: 98 So. 3d 212, 2012 WL 4465233, 2012 Fla. App. LEXIS 16460

Snippet: based on the JCC’s interpretation of section 440.185, Florida Statutes (2010). Because the JCC erred

Miami-Dade County School Board v. Russ

Court: District Court of Appeal of Florida | Date Filed: 2012-05-29

Citation: 88 So. 3d 1038, 2012 WL 1929914, 2012 Fla. App. LEXIS 8561

Snippet: provided notice to the employee in accordance with s. 440.185 and that the employer has posted notice in accordance

Ocean Reef Club, Inc. v. Wilczewski

Court: District Court of Appeal of Florida | Date Filed: 2012-03-21

Citation: 99 So. 3d 1, 2012 Fla. App. LEXIS 4352, 2012 WL 934028

Snippet: workers’ compensation carrier, pursuant to section 440.185(2) of the Florida Statutes (2006), liberates the

Miranda v. AZUL PLASTERING CORP.

Court: District Court of Appeal of Florida | Date Filed: 2011-11-16

Citation: 74 So. 3d 1123, 2011 Fla. App. LEXIS 18137, 2011 WL 5560566

Snippet: limitations at that time as contemplated by section 440.185(4), Florida Statutes. Claimant last received benefits

Varitimidis v. WALGREEN COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2011-04-14

Citation: 58 So. 3d 406, 2011 Fla. App. LEXIS 5349, 2011 WL 1414181

Snippet: employer of the injury or death pursuant to s. 440.185(1) and the petition is filed within 2 years after

Gauthier v. Florida International University

Court: District Court of Appeal of Florida | Date Filed: 2010-06-22

Citation: 38 So. 3d 221, 2010 Fla. App. LEXIS 8975

Snippet: complied with the notice requirements of sections 440.185 and 440.055, Florida Statutes (2005), claimant

COASTAL MASONRY, INC. v. Gutierrez

Court: District Court of Appeal of Florida | Date Filed: 2010-02-10

Citation: 30 So. 3d 545, 2010 Fla. App. LEXIS 1355, 2010 WL 445729

Snippet: employer in a timely manner, as required by F.S. 440.185(1). The present condition of the claimant is not

Medpartners/Diagnostic Clinic Medical Group, P.A. v. Zenith Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2009-11-30

Citation: 23 So. 3d 202, 2009 Fla. App. LEXIS 18199

Snippet: employer of the injury or death pursuant to s. 440.185(1) and the petition is filed within 2 years after

medpartners/diagnostic v. Zenith Ins.

Court: District Court of Appeal of Florida | Date Filed: 2009-11-30

Citation: 23 So. 3d 202

Snippet: employer of the injury or death pursuant to s. 440.185(1) and the petition is filed within 2 years after

Gregory v. CRUM STAFFING AND BROADSPIRE

Court: District Court of Appeal of Florida | Date Filed: 2009-03-10

Citation: 3 So. 3d 1284, 2009 Fla. App. LEXIS 2129, 2009 WL 595645

Snippet: within 30 days of the injury as required by section 440.185(1), Florida Statutes (2007). Claimant argues the

Orange County Public Services v. Ottley

Court: District Court of Appeal of Florida | Date Filed: 2009-02-24

Citation: 9 So. 3d 638, 2009 Fla. App. LEXIS 1530, 2009 WL 439714

Snippet: time-barred by the notice provisions of section 440.185(1), Florida Statutes (2007). The E/C argues that