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Morgan’s Tip of the Week – Out of State Accidents

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Greetings, by special request, this tip will address Florida-based employee’s who are injured while working out of the state or country (due to the hurricanes or any reason).

In general, if it is simply a business trip, the claimant would be considered a traveling employee and in most instances the entire trip is covered under 440.092(4).  There are always exceptions such as significant deviations (going skiing), etc…

The issue  at hand is more of a Florida employee who relocates for work for a period of time.  The statute does address this situation specifically in 440.09(1), and covers out of state accidents if the contract of employment was made in Fla and/or the employment was principally localized in the state.

440.09 (1) (d) 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..

And then the statute also has 440.094 which basically says if the claimant normally lives and works in Fla, they can also file in Florida if they get hurt on a temporary out of state work assignment.

 

440.094 Extraterritorial reciprocity.—

(1) If an employee in this state subject to this chapter temporarily leaves the state incidental to his or her employment and receives an accidental injury arising out of and in the course of employment, the employee is, or the beneficiaries of the employee if the injury results in death are, entitled to the benefits of this chapter as if the employee were injured within this state.

(7) For purposes of this section, an employee is considered to be temporarily in a state doing work for an employer if the employee is working for his employer in a state other than the state where he or she is primarily employed, for no more than 10 consecutive days, or no more than 25 total days, during a calendar year.

So each case is fact specific, but the general rules you have to look for for Fla coverage are:

  1. Accident in Florida, or
  2. Claimant lives in Fla and was injured on temporary assignment, or
  3. Contract of employment was made in Fla, or
  4. (regular) Employment was principally localized in Florida.

If you have any questions please let me know.

 

Sincerely,

Morgan Indek | Partner