Florida/Georgia Personal Injury & Workers Compensation

...d by the employee in the scope of his employment (F.S. Section 440.11, F.S.A.); but if the employer had rejected the act, he could not defend such a suit on the ground the injury to his employee was caused by the negligence of a fellow servant. F.S. Section 440.06, F.S.A....

...rs' compensation system gave up common law rights and defenses. Section 440.015, Fla. Stat. (1989). Therefore, if an employer who is obligated to pay workers' compensation benefits fails to do so, he may not avail himself of the common law defenses. Section 440.06, Fla....

...a disabled body, a diminished income, and the outlay for medical care and other incidental expenses, caused by a work-related injury. Strong incentives are provided under Chapter 440, Florida Statutes, to employers to furnish such benefits, in that section 440.06 precludes an employer, who fails to secure the payment of compensation in any action brought against him by an employee to recover damages for injury, from defending such action on the grounds that the injury was caused by the negligen...

...2363 , 162 L.Ed.2d 257 (2005); Jones, 931 F.2d at 1092 ; Lomeli, 2015 WL 6775919 , at *4. By his complaint, Plaintiff asserts that he sustained injuries as a result of Defendant’s negligence. (Doc' 2 at 1-2). Plaintiff contends that his claim “arises under” Florida Statutes § 440.06 and § 440.11(1). Florida Statute § 440.06 provides: Every employer who fails to secure the payment of compensation ....

...In such action the defendant may not plead as a defense that the injury was caused by negligence of. a fellow employee, that the employee assumed the risk of the employment, or that the injury was due to the comparative negligence of the employee. Plaintiffs assertion that his claim “arises under” Florida Statutes § 440.06 and § 440.11(1) is misplaced. Review of the plain language of these statutes demonstrates that they do not create Plaintiffs cause of action. Rather, Florida Statute § 440.06 merely precludes an employer from asserting certain defenses to an action at law if it fails to secure payment of compensation as required by the FWCL and an employee is forced to resort to common law remedies.-Likewise, Florida Statute §...

...Request to Strike Alternatively, Defendant argues that if Plaintiffs claim for negligence is permitted to proceed, paragraphs 7 and 8 of the complaint should be stricken. (Doc. 3 at 4). Paragraph 7 alleges that Defendant is precluded from raising certain affirmative defenses in accordance with Florida Statutes § 440.06 and § 440.11(l)(a)....

...v. Soc’y Lease, Inc., 969 F.Supp. 713, 715 (M.D.Fla.1997). •As to paragraph 7, Defendant contends that it secured coverage for compensation as required by the FWCL so the proscription on certain affirmative defenses contained in Florida Statutes § 440.06 and § 440.11(l)(a) is inapplicable....

...compensation coverage. (Doc. 11 at 8). Rather, Plaintiff concedes that his claim is based on Defendant’s failure to provide workers’ compensation benefits. (Id.). Although, it would appear that the prohibitions contained within Florida Statutes § 440.06 and § 440.11(l)(a) would not apply, Defendant is nevertheless free to assert any affirmative defense it believes is applicable....

Workmen’s Compensation Act, it *614was precluded by Section 440.06, Florida Statutes, F.S.A., from asserting such

...ainst P & G Roofing under either workers' compensation law or in tort. In a tort action, the Legislature has eliminated an employer's ability to raise the defenses of negligence of a fellow servant, assumption of the risk, or comparative negligence. § 440.06, Fla....

...antime sold IREC. Because the parties agree that at the time the claimant was injured, he was not covered by workers' compensation insurance, the employer, as defined in section 440.02(16)(a), Florida Statutes, is subject to the sanctions set out in section 440.06, Florida Statutes....

...Although Dearing’s assumption of risk and comparative negligence are usually matters of defense, these defenses are barred if the employer failed to provide workers’ compensation insurance in compliance with Chapter 440. Hicks v. Kemp, 79 So.2d 696 (Fla.1955); § 440.06, Fla.Stat....

...r her employees ... the compensation payable under ss. 440.13, 440.15, and 440.16.”). Failure to do so can subject the employer to a loss of certain defenses should the injured employee opt to file suit in circuit court on account of the accident. § 440.06, Fla....

Decedent’s comparative negligence. Fla. Stat. § 440.06 (prohibiting the use of such defenses where an