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The 2025 Florida Statutes
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F.S. 440.12440.12 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 440.12
Total Results: 38
422 So. 2d 870
District Court of Appeal of Florida | Filed: Sep 23, 1982 | Docket: 1739930
Cited 46 times | Published
extent, in the "statewide average weekly wage," (Section 440.12(2), (a) and (b)), and in the pre-injury wages
137 So. 2d 553
Supreme Court of Florida | Filed: Feb 7, 1962 | Docket: 1475805
Cited 19 times | Published
determined subject to limitations of subsection (2) of § 440.12 as follows:
"(1) If the injured employee shall
751 So. 2d 772, 2000 Fla. App. LEXIS 2190, 2000 WL 242636
District Court of Appeal of Florida | Filed: Mar 6, 2000 | Docket: 1310020
Cited 17 times | Published
compensation rate of $833.35. However, by virtue of section 440.12(2), Florida Statutes (1995), the claimant's
232 So. 2d 739
Supreme Court of Florida | Filed: Mar 11, 1970 | Docket: 1356011
Cited 16 times | Published
determined subject to limitations of subsection (2) of § 440.12 as follows:
"(1) If the injured employee shall
332 So. 2d 23
Supreme Court of Florida | Filed: Apr 28, 1976 | Docket: 1314487
Cited 8 times | Published
determined subject to limitations of subsection (2) of § 440.12 as follows:
* * * * *
"(4) If it be established
793 So. 2d 1081, 2001 Fla. App. LEXIS 11252, 2001 WL 904228
District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1266270
Cited 7 times | Published
lasting longer than seven days, as required by section 440.12(1), Florida Statutes (2000).
The standard of
412 So. 2d 64
District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1525903
Cited 7 times | Published
$20 per week minimum compensation provision of § 440.12(2). The deputy further held that employer/carrier's
73 So. 2d 51, 1954 Fla. LEXIS 1493
Supreme Court of Florida | Filed: Jun 4, 1954 | Docket: 1796172
Cited 7 times | Published
4-day waiting period after the date of injury. Section 440.12, Florida Statutes 1953, F.S.A.
As we view the
457 So. 2d 547
District Court of Appeal of Florida | Filed: Oct 9, 1984 | Docket: 426226
Cited 5 times | Published
1983) (quoting from the deputy commissioner), Section 440.12(2), Florida Statutes (1981), requires an E/C
22 So. 2d 632, 156 Fla. 67, 1945 Fla. LEXIS 750
Supreme Court of Florida | Filed: Jun 12, 1945 | Docket: 3271206
Cited 5 times | Published
weekly compensation allowed, as limited by Section 440.12, Florida Statutes of 1941, as it stood at the
622 So. 2d 515, 1993 WL 274215
District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 1528985
Cited 4 times | Published
by the number of weeks "so employed."
[2] Section 440.12(2), Florida Statutes (1989), does provide that
392 So. 2d 910
District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 1268801
Cited 3 times | Published
the sole question of the effective date of Section 440.12(2)(a), Florida Statutes, as amended by the
194 So. 3d 311, 2016 WL 3191086
Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072274
Cited 2 times | Published
accordingly employ those same designations here.
. Section 440.12(1), Florida Statutes (2009), provides: "No
764 So. 2d 708, 2000 Fla. App. LEXIS 7513, 2000 WL 775588
District Court of Appeal of Florida | Filed: Jun 19, 2000 | Docket: 470331
Cited 2 times | Published
Florida Statutes, were capped in 1994 at $444.00. § 440.12(2), Fla. Stat. (1993). Because section 440.15(10)(a)
733 So. 2d 1076, 1999 WL 280805
District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 1188887
Cited 2 times | Published
and she was subject to the statutory cap of section 440.12(2), Florida Statutes (1987). Thus, for the
224 So. 3d 331, 2017 WL 3360903, 2017 Fla. App. LEXIS 11401
District Court of Appeal of Florida | Filed: Aug 7, 2017 | Docket: 6133738
Cited 1 times | Published
first seven days of the disability period. Section 440.12(1), Florida Statutes (2013), provides that
646 So. 2d 790, 1994 WL 668210
District Court of Appeal of Florida | Filed: Dec 1, 1994 | Docket: 1405098
Cited 1 times | Published
could have placed a 14 day limitation period in section 440.12, a statute which contains other restrictions
416 So. 2d 1132
District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1655058
Cited 1 times | Published
this court must decide whether Florida Statutes, § 440.12(2)[2] still mandates that claimant receive minimum
140 So. 2d 570
Supreme Court of Florida | Filed: Jan 31, 1962 | Docket: 60204354
Cited 1 times | Published
established maximum weekly compensation limit under § 440.12(2).
129 So. 2d 414
Supreme Court of Florida | Filed: May 5, 1961 | Docket: 60197306
Cited 1 times | Published
the methods provided by Section 440.14(1) and Section 440.12(2) cannot reasonably and fairly be applied
110 So. 2d 455, 1959 Fla. App. LEXIS 3167
District Court of Appeal of Florida | Filed: Apr 2, 1959 | Docket: 60192129
Cited 1 times | Published
weeks except as provided in subsection (1) of § 440.-12.”
The subsection just referred to provides that
District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962102
Published
five days of temporary benefits were awarded, section
440.12(1), Florida Statutes, barred entitlement. 3
251 So. 3d 318
District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7510958
Published
disagree on both counts.
First, nothing in section 440.12(12)(c) supports the notion that
financial need
Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108655
Published
employee reaches the maximum number
4. Section 440.12(1), Florida Statutes (2009), provides: “No
141 So. 3d 1236, 2014 Fla. App. LEXIS 9624, 2014 WL 2874297
District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60241772
Published
statutory minimum amount of $20 per week. See § 440.12(2), Fla. Stat. (2012) (“Compensation for disability
912 So. 2d 667, 2005 Fla. App. LEXIS 16142, 2005 WL 2493396
District Court of Appeal of Florida | Filed: Oct 11, 2005 | Docket: 64840652
Published
week minimum compensation rate referenced in section 440.12(2), Florida Statutes. As the appellants contend
870 So. 2d 952, 2004 Fla. App. LEXIS 5651, 2004 WL 875524
District Court of Appeal of Florida | Filed: Apr 26, 2004 | Docket: 64829917
Published
statutory maximum compensation rate set forth in section 440.12(2), Florida Statutes, applies to temporary
536 So. 2d 351, 14 Fla. L. Weekly 32, 1988 Fla. App. LEXIS 5666, 1988 WL 138516
District Court of Appeal of Florida | Filed: Dec 22, 1988 | Docket: 64639501
Published
not entitled to an award of such benefits. See § 440.12(1), Fla.Stat. (1987). In reaching this conclusion
466 So. 2d 441, 10 Fla. L. Weekly 896, 1985 Fla. App. LEXIS 13315
District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 64610969
Published
minimum disability compensation provision of Section 440.12(2), Florida Statutes (1975).1 The deputy concluded
418 So. 2d 417, 1982 Fla. App. LEXIS 20981
District Court of Appeal of Florida | Filed: Aug 19, 1982 | Docket: 64591796
Published
her minimum $20 weekly payments pursuant to Section 440.12. We modify the order below and affirm as modified
412 So. 2d 897, 1982 Fla. App. LEXIS 19568
District Court of Appeal of Florida | Filed: Mar 29, 1982 | Docket: 64589332
Published
that case, we held that the effective date of Section 440.-12(2)(a) was July 1,1980. This section does not
406 So. 2d 1285, 1981 Fla. App. LEXIS 21984
District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 64586672
Published
of the effective date of the 1979 amendments to § 440.12(2)(a), Florida Statutes, regarding the maximum
397 So. 2d 390, 1981 Fla. App. LEXIS 19335
District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 64582134
Published
medical improvement in 1979.
In pertinent part, Section 440.-12(3), Florida Statutes (1978), states: “The provisions
393 So. 2d 612, 1981 Fla. App. LEXIS 19439
District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 64580184
Published
determination made by the deputy commissioner that Section 440.12(2)(a), Florida Statutes, as amended by Chapter
215 So. 2d 735, 1968 Fla. LEXIS 2084
Supreme Court of Florida | Filed: Nov 13, 1968 | Docket: 64507323
Published
addition to the monetary compensation benefits, Section 440.12(1) of the Act requires the employer and/or
185 So. 2d 476, 1966 Fla. LEXIS 3640
Supreme Court of Florida | Filed: Apr 13, 1966 | Docket: 64496481
Published
$8.00 per week under Section 440.15(2) and Section 440.12(2), Florida Statutes, F.S.A.
On review the
148 So. 2d 13
Supreme Court of Florida | Filed: Oct 24, 1962 | Docket: 60209051
Published
determined subject to limitations of subsection (2) of § 440.12 as follows:
“(1) If the injured employee shall
75 So. 2d 207, 1954 Fla. LEXIS 1786
Supreme Court of Florida | Filed: Oct 19, 1954 | Docket: 64486005
Published
subject to the limits provided in subsection (2) of § 440.12 and shall shall not exceed, for all dependents
