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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation: Jurisdiction for Out-of-State Injuries
Can a Worker Injured Outside Florida Be Eligible for Florida Workers’ Compensation Benefits?
Under § 440.09(1)(d), Fla. Stat., an employee injured outside Florida may still be entitled to Florida workers’ compensation benefits if certain conditions are met:
“If an accident happens while the employee is employed elsewhere than in this state, which would entitle the employee or his or her dependents to compensation if it had happened in this state, the employee or his or her dependents are entitled to compensation if the contract of employment was made in this state, or the employment was principally localized in this state. However, if an employee receives compensation or damages under the laws of any other state, the total compensation for the injury may not be greater than is provided in this chapter.”
Key Elements for Florida Jurisdiction
- The contract of employment was made in Florida; or
- The employment was principally localized in Florida.
The Contract of Employment
Florida courts determine where an employment contract was made by considering (1) the authority of the person involved in hiring negotiations, and (2) the place where the employment conditions were to be performed. Cleveland Consol., Inc. v. Haren, 672 So.2d 592, 593 (Fla. 1st DCA 1996) (quoting Nelson v. McAbee Constr., Inc., 591 So.2d 1015, 1016 (Fla. 1st DCA 1991)).
In DL Peoples Group, Inc. v. Hawley, 804 So.2d 561 (Fla. 1st DCA 2002), the claimant had minimal contacts with Florida, yet the Florida JCC had jurisdiction because the contract was executed in Florida. Hawley was interviewed and signed the employment agreement in Missouri, but the final approval and execution of the agreement occurred in Florida. The Court emphasized that:
- Mutual promises between the employee and employer created a bilateral contract (McIntosh v. Harbour Club Villas Condominium, 468 So.2d 1075, 1076; Baiter v. Pan American Bank of Hialeah, 383 So.2d 256, 257; Mark Realty, Inc. v. Rogness, 418 So.2d 373, 376).
- A contract is formed where the last act necessary to make a binding agreement occurs (Peters v. E.O. Painter Fertilizer Co., 75 So. 749; Ray-Hof Agencies, Inc. v. Petersen, 123 So.2d 251, 253; Goodman v. Olsen, 305 So.2d 753).
Because Hawley’s acceptance and the employer’s final approval occurred in Florida, the employment contract was considered made in Florida. See also Owens v. CCJ Auto Transp., 59 So.3d 179 (Fla. 1st DCA 2011); Miller Contracting Co. of Ohio v. Hutto, 156 So.2d 745 (Fla. 1963).
Principal Location of Employment
For jurisdiction purposes under § 440.09(1)(d), the principal location of the employee’s work—not the employer’s business—is determinative. Johnson v. United Airlines, 550 So.2d 134, 135 (Fla. 1st DCA 1989); General Elec. v. DeCubas, 504 So.2d 1276, 1277 (Fla. 1st DCA 1986).
In DeCubas, a Florida resident injured in Georgia spent 73% of his working time in Florida. The court held that his employment was principally localized in Florida. Similarly, in Hazealeferiou v. Labor Ready, 947 So.2d 599 (Fla. 1st DCA 2007), a flight attendant’s work was primarily based in Florida despite spending most flight hours outside the state. The Court emphasized that temporal distribution is important but not dispositive; supervision, payroll, and work assignments in Florida confirmed principal localization.
Conclusion
Determining Florida workers’ compensation eligibility for out-of-state injuries often requires careful analysis of the employment contract and the principal location of employment. Because these cases can involve nuanced jurisdictional issues, consulting a workers’ compensation expert is advisable before taking a position.
For example, just yesterday I participated in a lengthy discussion with a Maryland attorney about a potential client who was injured in Florida but resides in Maryland and was hired in Maryland by a Washington-based company. We examined the jurisdictional issues and compared the type, nature, and quality of workers’ compensation benefits available in Florida versus Maryland to determine whether the matter should be referred to our firm for pursuit of Florida benefits or handled under Maryland’s system. Because several key questions remain unanswered, no final determination has yet been made.
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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.
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DISCLAIMER: This information provided by Jeffrey P. Gale, P.A. is for informational purposes only and is intended to be used as a non-legal guide prior to consultation with an attorney familiar with your specific legal situation. It should not be considered legal advice or counseling. No such legal advice or counseling is either expressly or impliedly intended. This information is not a substitute for the advice or counsel of an attorney. If you require legal advice, you should seek the services of an attorney.