440.12
Time for commencement and limits on weekly rate of compensation.
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440.12 Time for commencement and limits on weekly rate of compensation.—
(1) Compensation is not allowed for the first 7 days of the disability, except for benefits provided under s. 440.13. However, if the injury results in more than 21 days of disability, compensation is allowed from the commencement of the disability.
(a) All 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. 655.005, or transmitted to the employee’s account with a money transmitter licensed under part II of chapter 560.
(b) Upon 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:
1. Provided with at least one means of accessing his or her entire compensation payment once per week without incurring fees;
2. Provided with the ability to make point-of-sale purchases without incurring fees from the financial institution issuing the prepaid card; and
3. Provided with the terms and conditions of the prepaid card program, including a description of any fees that may be assessed.
(c) Each 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 Criminal Investigations and the Division of Workers’ Compensation, upon request.
(d) The department may adopt rules to administer this section.
(2) Compensation 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:
(a) Equal 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 66 2/3 percent of the statewide average weekly wage shall apply only to injuries occurring on or after August 1, 1979; and
(b) Adjusted to the nearest dollar.
For 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 Commerce for the four calendar quarters ending each June 30, which average weekly wage shall be determined by the Department of Commerce 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 Commerce shall be reported annually to the Legislature.
(3) The 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; s. 169, ch. 2024-6; s. 6, ch. 2025-4.
Notes of Decisions
Cited in 42
cases (1 in the last 5 years), 1945–2025 · leading case: & SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal
& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal (2016)
“Section 440.12(1), Florida Statutes (2009), provides: “No compensation shall be allowed for the first 7 days of the disability, except benefits provided for in s.”
City of St. Petersburg v. Nasworthy (2000)
“However, by virtue of section 440.12(2), Florida Statutes (1995), the claimant's benefits were capped at the maximum compensation rate of 5.”
Gunite Works, Inc. v. Lovett (1980)
“" Subsequently, Chapter 79-312 was passed which amended many sections of the workers' compensation law, including many of those amended by Chapter 79-40; however, Chapter 79-312 did not amend Section 7 of Chapter 79-40 or, in other words, did not amend Section 440.12 of the…”
Jefferson v. Wayne Dalton Corp./Hartford (2001)
“Dohenythe judge of compensation claims interpreted the psychiatrist's testimony as referring to a single twenty-four hour period, and concluded that appellant was not eligible for indemnity benefits because he did not prove a disability lasting longer than seven days, as…”
STATE, DEPT. OF TRANSP. v. Davis (1982)
“12(2) [2] still mandates that claimant receive minimum workers' compensation benefits of per week even though social security benefits payable to him and his wife and son exceed 80 percent of his average weekly wage, the maximum compensation permitted by § 440.”
Regency Inn v. Johnson (1982)
“We also have the view that changing economic conditions are necessarily reflected, at least to some extent, in the "statewide average weekly wage," (Section 440.12(2), (a) and (b)), and in the pre-injury wages received by an employee, which directly govern the amount of wage…”
Daoud v. Matz (1954)
“Section 440.12, Florida Statutes 1953, F.”
BRADLEY CONST. v. White (1984)
“1st DCA 1983) (quoting from the deputy commissioner), Section 440.12(2), Florida Statutes (1981), requires an E/C whose authorized physicians are objected to by a claimant who seeks alternative treatment to either select a physician to provide such care to the claimant or to…”
Jacqueline Sinclair v. ManorCare Health Services - Dunedin, and HCR Manorcare (2017)
“Section 440.12(1), Florida Statutes (2013), provides that “[c]ompensation is not allowed for the first 7 days of disability, except for [medical] benefits” unless “the injury results in more than 21 days of disability.”
St. Johns River Shipbuilding Co. v. Wells (1945)
“The weekly compensation allowed, as limited by Section 440.12, Florida Statutes of 1941, as it stood at the time of the injury here and before the amendment of 1943, could not exceed .”
Sizemore v. Canaveral Port Authority (1976)
“ Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined subject to limitations of subsection (2) of § 440.12 as follows: * *…”
Florida Power Corp. v. Van Loan (2000)
“§ 440.12(2), Fla. Stat. (1993). Because section 440.”
— 440.12(1) — 7 cases
& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal (2016)
“Section 440.12(1), Florida Statutes (2009), provides: “No compensation shall be allowed for the first 7 days of the disability, except benefits provided for in s.”
Jefferson v. Wayne Dalton Corp./Hartford (2001)
“Dohenythe judge of compensation claims interpreted the psychiatrist's testimony as referring to a single twenty-four hour period, and concluded that appellant was not eligible for indemnity benefits because he did not prove a disability lasting longer than seven days, as…”
Jacqueline Sinclair v. ManorCare Health Services - Dunedin, and HCR Manorcare (2017)
“Section 440.12(1), Florida Statutes (2013), provides that “[c]ompensation is not allowed for the first 7 days of disability, except for [medical] benefits” unless “the injury results in more than 21 days of disability.”
— 440.12(12)(c) — 1 case
— 440.12(2) — 18 cases
City of St. Petersburg v. Nasworthy (2000)
“However, by virtue of section 440.12(2), Florida Statutes (1995), the claimant's benefits were capped at the maximum compensation rate of 5.”
STATE, DEPT. OF TRANSP. v. Davis (1982)
“12(2) [2] still mandates that claimant receive minimum workers' compensation benefits of per week even though social security benefits payable to him and his wife and son exceed 80 percent of his average weekly wage, the maximum compensation permitted by § 440.”
Regency Inn v. Johnson (1982)
“We also have the view that changing economic conditions are necessarily reflected, at least to some extent, in the "statewide average weekly wage," (Section 440.12(2), (a) and (b)), and in the pre-injury wages received by an employee, which directly govern the amount of wage…”
BRADLEY CONST. v. White (1984)
“1st DCA 1983) (quoting from the deputy commissioner), Section 440.12(2), Florida Statutes (1981), requires an E/C whose authorized physicians are objected to by a claimant who seeks alternative treatment to either select a physician to provide such care to the claimant or to…”
Florida Power Corp. v. Van Loan (2000)
“§ 440.12(2), Fla. Stat. (1993). Because section 440.”
— 440.12(2)(a) — 3 cases
Gunite Works, Inc. v. Lovett (1980)
“" Subsequently, Chapter 79-312 was passed which amended many sections of the workers' compensation law, including many of those amended by Chapter 79-40; however, Chapter 79-312 did not amend Section 7 of Chapter 79-40 or, in other words, did not amend Section 440.12 of the…”
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