Florida: Premises Owner That Contracts With Cleaning Service Is Not Statutory Employer

Where a health care system (“the system”) owned a children’s clinic and contracted with a service company for the latter to provide cleaning services at the clinic, the system was not the statutory employer of the service company’s employees. Accordingly, where a service company employee sustained slip and fall injuries, the system was not immune from tort liability in a civil action against it. The system was not performing “contract work” [see § 440.11(1), Fla. Stat.] for a third party. It could, therefore, not sublet a portion of that contract work to the service company.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Mathis v. Sacred Heart Health Sys., 2016 Fla. App. LEXIS 4551 (Fla. 1st DCA, Mar. 24, 2016)

See generally Larson’s Workers’ Compensation Law, § 111.04.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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