TERRELL REED AND DOROTHY REED, INDIVIDUALLY AND F/U/B/O FLORIDA CRANE & EQUIPMENT RENTAL, INC., APPELLANTS,
v.
HENRY C. BECK COMPANY, A DELAWARE CORPORATION, APPELLEE
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An injured employee of a subcontractor sought to sue a general contractor in tort, arguing that the lack of a written subcontract agreement exempted the general contractor from workers' compensation immunity. The court affirmed that under Florida law, workers' compensation immunity applies to general contractors based on statutory duty, not contractual agreement, and therefore a written subcontract is not required to establish the immunity.
The general contractor is entitled to workers' compensation immunity regardless of whether a written subcontract agreement has been executed. The statutory duty to provide workers' compensation insurance arises by operation of law when a contractor sublets part of its obligations, making it a statutory employer, and this duty does not depend on a written contract.
[1] A general contractor is immune from suit by an injured employee of a subcontractor if the general contractor is required to carry workers' compensation insurance or to en…
[2] The lack of a written subcontract agreement is immaterial to establishing a general contractor/subcontractor relationship for workers' compensation immunity purposes.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under the workers' compensation statute, a general contractor is immune from suit by an injured employee of a subcontractor where the general contractor is required to carry workers' compensation insurance or to see to it that such insurance is carried.”
Establishes the foundational immunity principle that protects general contractors from tort suits by subcontractor employees.
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Join FLexlaw to unlock all legal intelligenceTerrell Reed and Dorothy Reed, acting individually and on behalf of Florida Crane & Equipment Rental, Inc., were injured in an on-the-job accident. A …
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FERGUSON, Judge. '
Under the workers’ compensation statute, a general contractor is immune from suit by an injured employee of a subcontractor where the general contractor is required to carry workers’ compensation insurance or to see to it that such insurance is carried. See Lingold v. Transamerica Ins. Co., 416 So. 2d 1271 (Fla. 5th DCA 1982).
The parties agree to this as a general rule. One of appellant’s arguments in this appeal from a summary judgment is that, notwithstanding that a subcontractor was performing as such and did provide appellant with workers’ compensation coverage for an on-the-job injury, appellant has a right to maintain a tort action against the general contractor because there was no requirement for the general contractor to provide such coverage under the peculiar circumstances of the case. It is contended that this case falls outside the general rule for employer immunity because the subcontractor providing workers’ compensation benefits had not yet executed a written agreement with the general contractor to act as the subcontractor and to provide insurance. In our view the lack of a written subcontract agreement is immaterial.
Under Florida law the requirement to provide workers’ compensation benefits is a matter of law — not contract. The duty arises where the business entity is an “actual” employer or where, as a contractor, it sublets part of its contract obligation to others and thereby becomes a “statutory employer” of the subcontractor’s employees. Lingold, 416 So. 2d at 1272-73. A written agreement is not necessary to establish a general contractor/subcontractor relationship. See Dodge v. William E. Arnold Co., 373 So. 2d 98 (Fla. 1st DCA 1979). The remaining points are without merit.
Affirmed.
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J.C. Concert Sound & Lighting, Inc. v. Gold, 666 So. 2d 271 (Fla. 3d DCA 1996)…’s statutory employer. Accordingly, we reverse the trial court’s order denying J.C.’s motion for summary judgment. See § 440.11(1), Fla.Stat. (1993); Woods v. Carpet Restorations, Inc., 611 So. 2d 1303 (Fla. 4th DCA 1992); Reed v. Henry C. Beck Co., 510 So. 2d 613 (Fla. 3d DCA), review denied, 518 So. 2d 1277 (Fla.1987). Reversed.…
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Mathews Corp. v. Peters, 610 So. 2d 111 (Fla. 3d DCA 1992)…trial court denied the motion, and in doing so, erred. The workers’ compensation coverage carried by Sutter Roofing, the subcontractor, immunizes Mathews, the general contractor, from suit by Sutter’s employee. See [*112] Reed v. Henry C. Beck Co., 510 So. 2d 613 (Fla. 3d DCA) (general contractor immune from suit by injured employee of subcontractor where general contractor required to carry workers’ compensation insurance or to ensure that such insurance is carried), rev. denied, 518 So. 2d 1277 (Fla.1987).…
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Aleida Rodriguez v. Bovis OF Fla., Inc., 767 So. 2d 1266 (Fla. 3d DCA 2000)…ee Conklin v. Cohen, 287 So. 2d 56 (Fla.1973) (passive, non-participant owner not liable for general or subcontractor employee injuries); Armenteros v. Baptist Hosp. of Miami, Inc., 714 So. 2d 518 (Fla. 3d DCA 1998)(same); Reed v. Henry C. Beck Co., 510 So. 2d 613 (Fla. 3d DCA)(contractor who sublets work to others becomes “statutory employer” entitled to worker’s compensation immunity), rev. denied, 518 So. 2d 1277 (Fla.1987). Compare Turner v. PCR, Inc., 754 So. 2d 683, 688 (Fla.2000)(plaintiff must prove t…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lingold v. Transamerica Ins. Co. & Robert E. Howard, 416 So. 2d 1271 (Fla. 5th DCA 1982)
- Dodge v. William E. Arnold Co. & Fid. & Cas. Co. of N.Y., 373 So. 2d 98 (Fla. 1st DCA 1979)