Every employer who fails to secure the payment of compensation, as provided in s. 440.10, by failing to meet the requirements of s. 440.38 may not, in any suit brought against him or her by an employee subject to this chapter to recover damages for injury or death, defend such a suit on the grounds that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his or her employment, or that the injury was due to the comparative negligence of the employee.
Fla. Stat. § 440.06
Failure to secure compensation; effect
Known as the Workers’ Compensation Law
The act spans §§ 440–440 (92 sections).
Applied in 3 court decisions — leading case Duncan v. Great Atlantic & Pacific Tea Co. (1966)
Most recently applied in Wood v. Clean Fuels of Indiana, Inc. (October 2016)
History.--s. 6, ch. 17481, 1935; CGL 1936 Supp. 5966(6); s. 5, ch. 70-148; s. 23, ch. 78-300; ss. 4, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. …
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.