Florida Statute 440.19 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.19

440.19 Time bars to filing petitions for benefits.—

(1) Except to the extent provided elsewhere in this section, all employee petitions for benefits under this chapter shall be barred unless the employee, or the employee’s estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185(1) and the petition is filed within 2 years after the date on which the employee knew or should have known that the injury or death arose out of work performed in the course and scope of employment.

(2) Payment of any indemnity benefit or the furnishing of remedial treatment, care, or attendance pursuant to either a notice of injury or a petition for benefits shall toll the limitations period set forth above for 1 year from the date of such payment. This tolling period does not apply to the issues of compensability, date of maximum medical improvement, or permanent impairment.

(3) The filing of a petition for benefits does not toll the limitations period set forth in this section unless the petition meets the specificity requirements set forth in s. 440.192.

(4) Notwithstanding the provisions of this section, the failure to file a petition for benefits within the periods prescribed is not a bar to the employee’s claim unless the carrier advances the defense of a statute of limitations in its initial response to the petition for benefits. If a claimant contends that an employer or its carrier is estopped from raising a statute of limitations defense and the carrier demonstrates that it has provided notice to the employee in accordance with s. 440.185 and that the employer has posted notice in accordance with s. 440.055, the employee must demonstrate estoppel by clear and convincing evidence.

(5) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the limitations period is tolled while that person has no guardian or other authorized representative, but the period shall begin to run from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before the minor becomes of age, from the date the minor becomes of age.

(6) When recovery is denied to any person in a suit brought at law or in admiralty to recover damages for injury or death on the ground that such person was an employee, that the defendant was an employer within the meaning of this chapter, and that such employer had secured compensation of such employee under this chapter, the limitations period set forth in this section shall begin to run from the date of termination of such suit; however, in such an event, the employer is allowed a credit of his or her actual cost of defending such suit in an amount not to exceed $250, which amount must be deducted from any compensation allowed or awarded to the employee under this chapter.

History.—s. 19, ch. 17481, 1935; CGL 1936 Supp. 5966(19); s. 1, ch. 23908, 1947; s. 10, ch. 26484, 1951; s. 4, ch. 29778, 1955; s. 1, ch. 57-192; s. 1, ch. 65-120; s. 2, ch. 67-554; ss. 17, 35, ch. 69-106; s. 23, ch. 78-300; ss. 15, 124, ch. 79-40; ss. 11, 21, ch. 79-312; s. 7, ch. 80-236; s. 7, ch. 83-305; ss. 15, 43, ch. 89-289; ss. 23, 56, ch. 90-201; ss. 21, 52, ch. 91-1; s. 23, ch. 93-415; s. 113, ch. 97-103.

F.S. 440.19 on Google Scholar

F.S. 440.19 on Casetext

Amendments to 440.19

Arrestable Offenses / Crimes under Fla. Stat. 440.19

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.19.

Annotations, Discussions, Cases:

Cases Citing Statute 440.19

Total Results: 20

Ortiz v. Winn-Dixie, Inc., Travelers Insurance, and Sedgwick CMS

Court: District Court of Appeal of Florida | Date Filed: 2024-12-23

Snippet: regarding care for her injured urinary tract. See § 440.19(1), Fla. Stat. (barring any PFB that is not “filed

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

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

Snippet: provision of “benefits” within the meaning of section 440.19(2), Florida Statutes (2019). The underlying

Robert Schiano v. City of Hollywood Police Deparment/ Employer's Mutual, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-08-21

Snippet: performed in the course and scope of employment. § 440.19(1), Fla. Stat. (2014). This two-year period is

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: employee was exposed, can cause the injury); § 440.19(4), Fla. Stat. (“If a claimant contends that an

Loziane O. Moise v. Disney Pop Century Resort, and Walt Disney World etc.

Court: District Court of Appeal of Florida | Date Filed: 2018-04-30

Citation: 244 So. 3d 403

Snippet: to dismiss for lack of prosecution, and section 440.19, Florida Statutes (2011), the statute of limitations

Ring Power Corporation and United Self etc. v. Andrew Murphy

Court: District Court of Appeal of Florida | Date Filed: 2018-02-23

Citation: 238 So. 3d 906

Snippet: asserted a statute-of- limitations defense. See § 440.19, Fla. Stat. (2006) (establishing general two-year

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: by the statute of limitations found in section 440.19, Florida Statutes, which provides that a PFB must

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: reporting requirement, we must look to section 440.19, Florida Statutes (2012) (requiring generally that

Ricardo Sanchez v. American Airlines and Sedgwick CMS

Court: District Court of Appeal of Florida | Date Filed: 2015-07-13

Citation: 169 So. 3d 1197

Snippet: barred by the statute of limitations in section 440.19, Florida Statutes (2011). Finding no error in the

Anne Marie Limith v. Lenox on the Lake dba FTMI Operator etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-16

Citation: 163 So. 3d 616

Snippet: defense based on the statute of limitations, section 440.19, Florida Statutes (2010). Because the cross-appeal

Panzer Law, P. A. v. Palm Beach County School District

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

Citation: 150 So. 3d 823, 2014 WL 5099434

Snippet: Law and the statutory citations were to section 440.19, not 440.192. A comparison of the two subsections

Pomerantz v. Palm Beach County Sheriff's Office & USIS

Court: District Court of Appeal of Florida | Date Filed: 2014-02-07

Citation: 131 So. 3d 823, 2014 WL 483471, 2014 Fla. App. LEXIS 1738

Snippet: the statutory limitations period under section 440.19, Florida Statutes (2008). Finding no merit in the

Childers v. Clay County Board of County Commissioners

Court: District Court of Appeal of Florida | Date Filed: 2013-12-10

Citation: 128 So. 3d 201, 2013 WL 6438949, 2013 Fla. App. LEXIS 19595

Snippet: case by applying the plain language of section 440.19(4), Florida Statutes, concluding that the employer/carrier

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: two-year limitations period set forth in section 440.19(1), Florida Statutes (2006).2 In rejecting the

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: two years after the industrial accident. See § 440.19(1), Fla. Stat. (2009).5 Like the statutory limit

Miranda v. Bridge

Court: District Court of Appeal of Florida | Date Filed: 2012-10-03

Citation: 112 So. 3d 500, 2012 WL 4512762, 2012 Fla. App. LEXIS 16704

Snippet: of the statute of limitations found in sections 440.19(1) and (2), Florida Statutes (2003). Because we

Shannon v. Cheney Bros. Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-10-02

Citation: 98 So. 3d 1228, 2012 WL 4490866, 2012 Fla. App. LEXIS 16495

Snippet: improperly denied by the employer or carrier. See § 440.19(l)-(6), Fla. Stat. (1979) (providing the right

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: benefits. For the reasons below, we reverse. Section 440.19(4), Florida Statutes (2006), provides: Notwithstanding

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: for benefits expired pursuant to Florida Statute 440.19.” A-*7though Wilczewski and Leon received notice

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: alleging the limitations period set forth in section 440.19, Florida Statutes, had run. Claimant, in turn,