eLaws of Florida

  SECTION 440.12. Time for commencement and limits on weekly rate of compensation.  


Latest version.
  • 1(1) 2Compensation is not allowed for the first 7 days of the disability, except for benefits provided under s. 20440.1321. However, if the injury results in more than 21 days of disability, compensation is allowed from the commencement of the disability.
    43(a) 44All weekly compensation payments, except for the first payment, must be paid by check or, if authorized by the employee, paid on a prepaid card pursuant to paragraph (b), deposited directly into the employee’s account at a financial institution as defined in s. 87655.005, 88or transmitted to the employee’s account with a money transmitter licensed under part II of chapter 560.
    105(b) 106Upon receipt of authorization by the employee as provided in paragraph (a), a carrier may use a prepaid card to deliver the payment of compensation to an employee if the employee is:
    1381. 139Provided with at least one means of accessing his or her entire compensation payment once per week without incurring fees;
    1592. 160Provided with the ability to make point-of-sale purchases without incurring fees from the financial institution issuing the prepaid card; and
    1803. 181Provided with the terms and conditions of the prepaid card program, including a description of any fees that may be assessed.
    202(c) 203Each carrier shall keep a record of all payments made under this subsection, including the time and manner of such payments, and shall furnish these records or a report based on these records to the Division of Investigative and Forensic Services and the Division of Workers’ Compensation, upon request.
    252(d) 253The department may adopt rules to administer this section.
    262(2) 263Compensation for disability resulting from injuries which occur after December 31, 1974, shall not be less than $20 per week. However, if the employee’s wages at the time of injury are less than $20 per week, he or she shall receive his or her full weekly wages. If the employee’s wages at the time of the injury exceed $20 per week, compensation shall not exceed an amount per week which is:
    334(a) 335Equal to 100 percent of the statewide average weekly wage, determined as hereinafter provided for the year in which the injury occurred; however, the increase to 100 percent from 663652366/3673 368percent of the statewide average weekly wage shall apply only to injuries occurring on or after August 1, 1979; and
    388(b) 389Adjusted to the nearest dollar.

    394For the purpose of this subsection, the “statewide average weekly wage” means the average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law as reported to the Department of Economic Opportunity for the four calendar quarters ending each June 30, which average weekly wage shall be determined by the Department of Economic Opportunity on or before November 30 of each year and shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following. The statewide average weekly wage determined by the Department of Economic Opportunity shall be reported annually to the Legislature.

    500(3) 501The provisions of this section as amended effective July 1, 1951, shall govern with respect to disability due to injuries suffered prior to July 1, 1959. The provisions of this section as amended effective July 1, 1959, shall govern with respect to disability due to injuries suffered after June 30, 1959, and prior to January 1, 1968. The provisions of this section as amended effective January 1, 1968, shall govern with respect to disability due to injuries suffered after December 31, 1967, and prior to July 1, 1970. The provisions of this section as amended effective July 1, 1970, shall govern with respect to disability due to injuries suffered after June 30, 1970, and prior to July 1, 1972. The provisions of this section as amended effective July 1, 1972, shall govern with respect to disability due to injuries suffered after June 30, 1972, and prior to July 1, 1973. The provisions of this section, as amended effective July 1, 1973, shall govern with respect to disability due to injuries suffered after June 30, 1973, and prior to January 1, 1975.
History.-s. 12, ch. 17481, 1935; CGL 1936 Supp. 5966(12); s. 5, ch. 18413, 1937; s. 1, ch. 21824, 1943; ss. 1, 3, ch. 26876, 1951; s. 1, ch. 59-151; s. 1, ch. 67-239; s. 1, ch. 70-172; s. 1, ch. 72-198; ss. 3, 4, ch. 73-127; s. 7, ch. 74-197; ss. 3, 23, ch. 78-300; ss. 7, 124, ch. 79-40; s. 21, ch. 79-312; s. 3, ch. 80-236; ss. 9, 43, ch. 89-289; ss. 17, 56, ch. 90-201; ss. 15, 52, ch. 91-1; s. 109, ch. 97-103; s. 11, ch. 2001-91; s. 23, ch. 2002-194; s. 346, ch. 2011-142; s. 1, ch. 2011-174; s. 34, ch. 2011-194; s. 66, ch. 2012-30; s. 12, ch. 2016-165; s. 2, ch. 2020-63.

Bills Cite this Section:

None

Cited by Court Cases:

None