Florida Statute 440.075 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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440.075 When corporate officer rejects chapter; effect.—Every corporate officer who elects to reject this chapter shall, in any action to recover damages for injury or death brought against the corporate employer, proceed as at common law, and the employer in such suit may avail itself of all defenses that exist at common law.

History.—s. 4, ch. 74-197; s. 23, ch. 78-300; s. 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1.

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Amendments to 440.075

Annotations, Discussions, Cases:

Cases Citing Statute 440.075

Total Results: 2 | Sort by: Relevance | Newest First

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Dobbins v. Weber, 585 So. 2d 1143 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9150, 1991 WL 181515

2d 320 (Fla. 1st DCA 1983). However, under section 440.075 he retained his right to maintain an action

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Charles Gladden v. Fisher Thomas, Inc., The Green etc. (Fla. 1st DCA 2017).

Published | Florida 1st District Court of Appeal

...Compensation Law].” See also § 440.077, Fla. Stat. (2008). The only provision in the Workers’ Compensation Law that specifically addresses the impact of the 8 corporate exemption on workers’ compensation immunity is section 440.075, which permits an exempt corporate officer to proceed against “the corporate employer” at common law in an action to recover damages for injury or death. § 440.075, Fla. Stat....

...there is a risk associated with the benefit. III. Gladden’s exemption from workers’ compensation coverage does not equate to his ability to circumvent the immunity protections of section 440.11, except as provided by section 440.075....

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.