Florida Statute 440.41 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

440.41 Substitution of carrier for employer.—In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the department shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect of such liability, imposed by this chapter upon the employer, as it considers proper in order to effectuate the provisions of this chapter. For such purposes:

(1) Notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier.

(2) Jurisdiction of the employer by the judges of compensation claims, the department, or any court under this chapter shall be jurisdiction of the carrier.

(3) Any requirement by the judges of compensation claims, the department, or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.

History.—s. 41, ch. 17481, 1935; CGL 1936 Supp. 5966(40); ss. 17, 35, ch. 69-106; s. 19, ch. 75-209; s. 23, ch. 78-300; ss. 31, 124, ch. 79-40; s. 21, ch. 79-312; s. 9, ch. 81-119; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 11, ch. 91-46; s. 43, ch. 2002-194.

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Amendments to 440.41

Annotations, Discussions, Cases:

Cases Citing Statute 440.41

Total Results: 18

FLA. ERECTION SERV. INC. v. McDonald

395 So. 2d 203

District Court of Appeal of Florida | Filed: Feb 23, 1981 | Docket: 1317189

Cited 48 times | Published

necessary to carry out the purpose of the law. Section 440.41, Florida Statutes (1979). To paraphrase from

Sullivan v. Liberty Mut. Ins. Co.

367 So. 2d 658

District Court of Appeal of Florida | Filed: Jan 31, 1979 | Docket: 1697751

Cited 17 times | Published

carrier as are applied to the employer. Indeed, Section 440.41 provides that the carrier may actually be substituted

Blumberg v. American Fire & Casualty Co.

51 So. 2d 182, 1951 Fla. LEXIS 1252

Supreme Court of Florida | Filed: Mar 9, 1951 | Docket: 1275648

Cited 17 times | Published

much is said about the scope and effect of Section 440.41, F.S.A. and its authorization for the Industrial

Sam Rogers Enterprises v. Williams

401 So. 2d 1388

District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 1289753

Cited 9 times | Published

deputy imputed bad faith to the carrier through § 440.41(1), Florida Statutes (1979), which provides: In

Petty v. Florida Insurance Guaranty Ass'n

80 So. 3d 313, 37 Fla. L. Weekly Supp. 34, 2012 Fla. LEXIS 72, 2012 WL 143605

Supreme Court of Florida | Filed: Jan 19, 2012 | Docket: 60305694

Cited 8 times | Published

to carry out the provisions of s. 440.41.” Section 440.41, Florida Statutes (2008), entitled "Substitution

Fireman's Fund Insurance Company v. Rich

220 So. 2d 369

Supreme Court of Florida | Filed: Mar 19, 1969 | Docket: 1727705

Cited 5 times | Published

statutes point to the same conclusions. Fla. Stat. § 440.41 (1967), F.S.A., authorizes the Industrial Commission

Great American Indemnity Co. v. Smith

24 So. 2d 42, 156 Fla. 662, 1945 Fla. LEXIS 961

Supreme Court of Florida | Filed: Dec 11, 1945 | Docket: 3270707

Cited 4 times | Published

of the carrier for the employer is provided. Section 440.41, Florida Statutes, 1941, and F.S.A. By the

Raban v. Federal Express

13 So. 3d 140, 2009 Fla. App. LEXIS 7200, 2009 WL 1586816

District Court of Appeal of Florida | Filed: Jun 9, 2009 | Docket: 1659728

Cited 2 times | Published

notice to the employer is notice to the carrier. § 440.41, Fla. Stat. (2005). Here, the JCC found that the

Intern. Piling v. Am. Nat. Fire Ins. Co.

345 So. 2d 761, 1977 Fla. App. LEXIS 15395

District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 1477959

Cited 2 times | Published

under § 440.42(3). It is also argued that Florida Statute 440.41 (1967) provides no basis for jurisdiction

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

District Court of Appeal of Florida | Filed: Dec 23, 2024 | Docket: 69491845

Published

payment of compensation under this chapter”); § 440.41, Fla. Stat. (providing for the regulation of the

Gomez Lawn Service, Inc. v. The Hartford

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

District Court of Appeal of Florida | Filed: Sep 28, 2012 | Docket: 60312234

Published

shall bar a petition under this chapter.... ” Section 440.41(1), Florida Statutes (2010), provides that

Guarantee Mutual Life Co. v. McCartney

672 So. 2d 636, 1996 Fla. App. LEXIS 4275, 1996 WL 200229

District Court of Appeal of Florida | Filed: Apr 26, 1996 | Docket: 64764080

Published

AFFIRMED. ZEHMER, C.J., and ALLEN, J., concur. . Section 440.41(2), Florida Statutes (1993), provides: "Jurisdiction

Acme Oil Co. v. State Farm Insurance Co.

496 So. 2d 150, 11 Fla. L. Weekly 1748, 1986 Fla. App. LEXIS 9259

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 64622337

Published

notice of its potential liability. Pursuant to Section 440.41(1), Florida Statutes (1981) “notice to or knowledge

Auto-Owners Insurance Co. v. American States Insurance Co.

402 So. 2d 560, 1981 Fla. App. LEXIS 20854

District Court of Appeal of Florida | Filed: Aug 21, 1981 | Docket: 64584679

Published

Auto-Owners. We find the ruling to be erroneous. Section 440.41(1) F.S. (1978) provides that “Notice to or

Gardner v. D. F. S. Construction Co.

358 So. 2d 171, 1978 Fla. LEXIS 4681

Supreme Court of Florida | Filed: Feb 9, 1978 | Docket: 64564264

Published

education under a rehabilitative program pursuant to F.S. 440.41(1), (2), or (3).’ “I have a great deal of empathy

Best v. Holloway Materials

272 So. 2d 514, 1973 Fla. LEXIS 4899

Supreme Court of Florida | Filed: Jan 17, 1973 | Docket: 64530085

Published

Commission correctly held that Florida Statutes § 440.41 1 F.S.A., providing for substitution of the carrier

Hartford Accident & Indemnity Co. v. King

114 So. 2d 184

District Court of Appeal of Florida | Filed: Aug 6, 1959 | Docket: 60193128

Published

the Industrial Commission has power under Section 440.41 to interpret the contract to express the intent

Brent v. Brent

107 So. 2d 181

District Court of Appeal of Florida | Filed: Nov 20, 1958 | Docket: 60191332

Published

the logic of the Workmen’s Compensation Act. Section 440.41, Fla.Stat., F.S.A.,3 provides for the substitution

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.