Workers' Compensation, complete

What this document is

Florida Statutes ch. 440 - Workers' Compensation, complete (ss. 440.01-440.60) is a state statute published by The Florida Senate / Florida Legislature (flsenate.gov), official Florida Statutes. It is one of the Florida documents that insurance license exam questions are written from, including florida property & casualty, florida claims adjuster practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• Fla. Stat. Sec. 440.11(1) (Exclusiveness of Liability)

  “(1) The liability of an employer prescribed in s. 440.10 shall be exclusive and in place of all other liability, including vicarious liability, of such employer to any third-party tortfeasor and to the employee, the legal representative thereof, husband or wife, parents, dependents, next of kin,...”

• Fla. Stat. Sec. 440.10(1)(b) (Liability for Compensation; Contractor and Subcontractor)

  “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,...”

• Fla. Stat. Sec. 440.381(2) (Application for Coverage; Sworn Statements by the Employer and the Agent)

  “The application must contain a sworn statement by the employer attesting to the accuracy of the information submitted and acknowledging the provisions of former s. 440.37(4). The application must contain a sworn statement by the agent attesting that the agent explained to the employer or officer...”

• Fla. Stat. § 440.02(20)(b)2. (Definitions; Employment; private employments and the construction industry)

  “2. All private employments in which four or more employees are employed by the same employer or, with respect to the construction industry, all private employment in which one or more employees are employed by the same employer.”

• Fla. Stat. § 440.092(2) (Special Requirements for Compensability; Deviation From Employment; Going or Coming)

  “(2) GOING OR COMING. - An injury suffered while going to or coming from work is not an injury arising out of and in the course of employment whether or not the employer provided transportation if such means of transportation was available for the exclusive personal use by the employee, unless the...”

• Fla. Stat. § 440.09(1)(b) (Coverage; Injury Combining With a Preexisting Condition)

  “(b) If an injury arising out of and in the course of employment combines with a preexisting disease or condition to cause or prolong disability or need for treatment, the employer must pay compensation or benefits required by this chapter only to the extent that the injury arising out of and in the...”

• Fla. Stat. § 440.15(6) (Compensation for Disability; Employee Refuses Employment)

  “(6) EMPLOYEE REFUSES EMPLOYMENT. - If an injured employee refuses employment suitable to the capacity thereof, offered to or procured therefor, such employee shall not be entitled to any compensation at any time during the continuance of such refusal unless at any time in the opinion of the judge...”

• Fla. Stat. § 440.185(1) (Notice of Injury; Employee's Duty to Advise the Employer)

  “(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...”

• Fla. Stat. § 440.11(1)(a) (Exclusiveness of Liability; Employer That Fails to Secure Payment of Compensation)

  “(a) If an employer fails to secure payment of compensation as required by this chapter, an injured employee, or the legal representative thereof in case death results from the injury, may elect to claim compensation under this chapter or to maintain an action at law or in admiralty for damages on...”

• Fla. Stat. § 440.39(2) (Compensation for Injuries When Third Persons Are Liable; Subrogation)

  “(2) If the employee or his or her dependents accept compensation or other benefits under this law or begin proceedings therefor, the employer or, in the event the employer is insured against liability hereunder, the insurer shall be subrogated to the rights of the employee or his or her dependents...”

• Fla. Stat. § 440.151(2) (Occupational Diseases; Definition)

  “(2) Whenever used in this section the term “occupational disease” shall be construed to mean only a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment, and to exclude all ordinary diseases of life to which...”

• Fla. Stat. § 440.20(4) (Time for Payment of Compensation; Pay and Investigate; Waiver of the Right to Deny)

  “(4) If the carrier is uncertain of its obligation to provide all benefits or compensation, the carrier shall immediately and in good faith commence investigation of the employee’s entitlement to benefits under this chapter and shall admit or deny compensability within 120 days after the initial...”

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Questions about this source

More Florida sources

• Florida Administrative Code, Division 69O: chs. 69O-123 (Civil Remedy), 69O-124 (Anti-Coercion), 69O-125 (Unfair Discrimination), 69O-142 (Insurer Conduct), 69O-153 (Deceptive Insurance Practices), 69O-189 (Workers' Compensation), 69O-196 (Premium Finance Companies), 69O-215 (Agents), 69O-220 (Adjusters), 69O-228 (Continuing Education), 69O-230 (General Ethics and Disclosure Requirements) and 69O-231 (Penalty Guidelines for Insurance Representatives) (98 rules, 69O-123.001-69O-231.160)Regulation
• Florida Administrative Code, Division 69O (Office of Insurance Regulation): chs. 69O-166 (Property and Casualty Insurer Practices), 69O-167 (Property and Casualty Insurance Contracts), 69O-170 (Property and Casualty Insurance Rating), 69O-175 (Motor Vehicle Insurance) and 69O-176 (Motor Vehicle Insurance Requirements), 87 of the 89 rules the publisher lists (the two omitted are 69O-170.021 and 69O-170.022, transferred stubs whose .doc file holds a title and nothing else) (87 rules, 69O-166.021-69O-176.022)Regulation
• Florida Statutes s. 626.112 - License and appointment requiredState statute
• Florida Statutes s. 626.2815 - Continuing education requirementsState statute
• Florida Statutes s. 626.611 - Grounds for compulsory refusal, suspension, or revocation of licenseState statute
• Florida Statutes s. 626.621 - Grounds for discretionary refusal, suspension, or revocation of licenseState statute
• Florida Statutes s. 626.641 - Duration of suspension or revocation of licenseState statute
• Florida Statutes s. 626.7451 - Managing general agents; required contract provisionsState statute