Clausen Miller Obtains Dismissal with Prejudice of Claim for Failure to Secure Workers’ Compensation Coverage
Clausen Miller obtained a dismissal with prejudice of a claim for failure to secure workers’ compensation coverage in a case involving a trip and fall at a school. In the subject case, the Plaintiff filed a two-count complaint. The first count was for negligence, and the second count attempted to state a claim for failure to secure workers’ compensation coverage under Florida Statutes Section 440.11. The plaintiff contended that she was an employee at the time of the slip and fall and that the Defendant was liable for not having workers’ compensation coverage at the time of the accident. While it was Defendant’s position that the Plaintiff was not an employee at the time of the accident and, thus, not entitled to workers’ compensation coverage.
Clausen Miller argued that the count should be dismissed with prejudice, as Florida does not recognize a distinct cause of action for failing to secure workers’ compensation coverage. The Trial Court agreed with Clausen Miller’s argument and dismissed the claim with prejudice. In dismissing the claim with prejudice, the Court held that Section 440.11 does not provide a direct cause of action against an employer who fails to secure workers’ compensation coverage. Rather, an employer who fails to secure workers’ compensation coverage may face regulatory or administrative penalties, but no civil cause of action is created under Florida Statutes Section 440.11.
Private: Jonathan Wickham
Private: Mykal W. Hill