Florida Statutes

Fla. Stat. § 440.41 (2025)

Substitution of carrier for employer.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 21 cases (1 in the last 5 years), 1945–2024 · leading case: Sam Rogers Enter. v. Williams, 401 So. 2d 1388 (Fla. 1st DCA 1981).

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Sam Rogers Enter. v. Williams, 401 So. 2d 1388 (Fla. 1st DCA 1981). · cites it 9× “The deputy reasoned that under § 440.41, the employer was the carrier's alter ego for purposes of § 440.”

Fla. Erection Serv. Inc. v. Mcdonald, 395 So. 2d 203 (Fla. 1st DCA 1981). · cites it 2× “Section 440.41, Florida Statutes (1979). To paraphrase from the opinion of Mr.”

Blumberg v. Am. Fire & Cas. Co., 51 So. 2d 182 (Fla. 1951). · cites it 3× “2d 17 ; Cook v. Henry C. Beck Co., Fla., 48 So.”

Petty v. Florida Ins. Guar. Ass'n, 80 So. 3d 313 (Fla. 2012). · cites it 2× “” Section 440.41, Florida Statutes (2008), entitled "Substitution of carrier for employer,” explains that the insurance carrier is liable for the obligations and duties that chapter 440, Florida Statutes (2008), imposes upon the employer.”

Sullivan v. Liberty Mut. Ins. Co., 367 So. 2d 658 (Fla. 4th DCA 1979). “11 and the rest of the provisions of the compensation law are examined as a whole we find numerous expressions of intent by the legislature to apply the same liabilities and immunities to the carrier as are applied to the employer.”

Raban v. Fed. Express, 13 So. 3d 140 (Fla. 1st DCA 2009). · cites it 2× “§ 440.41, Fla. Stat. (2005). Here, the JCC found that the E/C’s adjuster did not receive the October 15, 2007, order.”

Gomez Lawn Serv., Inc. v. The Hartford, 98 So. 3d 212 (Fla. 1st DCA 2012). · cites it 5× “” Section 440.41(1), Florida Statutes (2010), provides that when the employer is not a self-insurer, “[njotice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier.”

Fireman's Fund Ins. Co. v. Rich, 220 So. 2d 369 (Fla. 1969). · cites it 2× “Fla. Stat. § 440.41 (1967), F.S.A., authorizes the Industrial Commission to substitute a carrier for an employer.”

Intern. Piling v. Am. Nat. Fire Ins. Co., 345 So. 2d 761 (Fla. 4th DCA 1977). “1951), it was held that where the intent of the parties to an insurance claim was unclear, the claims court had the authority to interpret the policy under § 440.41. It is admitted that the question raised on appeal in this case does not seem to have been met, head on, at the…”

Brent v. Brent, 107 So. 2d 181 (Fla. 3d DCA 1958). · cites it 2× “Section 440.41, Fla.Stat., F.S.A., 3 provides for the substitution of a carrier for the employer in cases when the employer is not a self-insurer.”

Auto-Owners Ins. Co. v. Am. States Ins. Co., 402 So. 2d 560 (Fla. 1st DCA 1981). “Section 440.41(1) F.S. (1978) provides that “Notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier.”

Acme Oil Co. v. State Farm Ins. Co., 496 So. 2d 150 (Fla. 1st DCA 1986). · cites it 4× “Pursuant to Section 440.41(1), Florida Statutes (1981) “notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier.”

Show all 21 citing cases →

— 440.41(1) — 5 cases

Sam Rogers Enter. v. Williams, 401 So. 2d 1388 (Fla. 1st DCA 1981). “The deputy reasoned that under § 440.41, the employer was the carrier's alter ego for purposes of § 440.”

Gomez Lawn Serv., Inc. v. The Hartford, 98 So. 3d 212 (Fla. 1st DCA 2012). “” Section 440.41(1), Florida Statutes (2010), provides that when the employer is not a self-insurer, “[njotice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier.”

Acme Oil Co. v. State Farm Ins. Co., 496 So. 2d 150 (Fla. 1st DCA 1986). “Pursuant to Section 440.41(1), Florida Statutes (1981) “notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier.”

Gardner v. D. F. S. Constr. Co., 358 So. 2d 171 (Fla. 1978).

— 440.41(2) — 1 case

Guarantee Mut. Life Co. v. McCartney, 672 So. 2d 636 (Fla. 1st DCA 1996).

— 440.41(l) — 1 case

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