Florida Statute 440.14 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.14

440.14 Determination of pay.—

(1) Except as otherwise provided in this chapter, the average weekly wages of the injured employee on the date of the accident shall be taken as the basis upon which to compute compensation and shall be determined, subject to the limitations of s. 440.12(2), as follows:

(a) If the injured employee has worked in the employment in which she or he was working on the date of the accident, whether for the same or another employer, during substantially the whole of 13 weeks immediately preceding the accident, her or his average weekly wage shall be one-thirteenth of the total amount of wages earned in such employment during the 13 weeks. As used in this paragraph, the term “substantially the whole of 13 weeks” means the calendar period of 13 weeks as a whole, which shall be defined as the 13 calendar weeks before the date of the accident, excluding the week during which the accident occurred. The term “during substantially the whole of 13 weeks” shall be deemed to mean during not less than 75 percent of the total customary hours of employment within such period considered as a whole.

(b) If the injured employee has not worked in such employment during substantially the whole of 13 weeks immediately preceding the accident, the wages of a similar employee in the same employment who has worked substantially the whole of such 13 weeks shall be used in making the determination under the preceding paragraph.

(c) If an employee is a seasonal worker and the foregoing method cannot be fairly applied in determining the average weekly wage, then the employee may use, instead of the 13 weeks immediately preceding the accident, the calendar year or the 52 weeks immediately preceding the accident. The employee will have the burden of proving that this method will be more reasonable and fairer than the method set forth in paragraphs (a) and (b) and, further, must document prior earnings with W-2 forms, written wage statements, or income tax returns. The employer shall have 30 days following the receipt of this written proof to adjust the compensation rate, including the making of any additional payment due for prior weekly payments, based on the lower rate compensation.

(d) If any of the foregoing methods cannot reasonably and fairly be applied, the full-time weekly wages of the injured employee shall be used, except as otherwise provided in paragraph (e) or paragraph (f).

(e) If it is established that the injured employee was under 22 years of age when the accident occurred and that under normal conditions her or his wages should be expected to increase during the period of disability, the fact may be considered in arriving at her or his average weekly wages.

(f) If it is established that the injured employee was a part-time worker on the date of the accident, that she or he had adopted part-time employment as a customary practice, and that under normal working conditions she or he probably would have remained a part-time worker during the period of disability, these factors shall be considered in arriving at her or his average weekly wages. For the purpose of this paragraph, the term “part-time worker” means an individual who customarily works less than the full-time hours or full-time workweek of a similar employee in the same employment.

(g) If compensation is due for a fractional part of the week, the compensation for such fractional part shall be determined by dividing the weekly compensation rate by the number of days employed per week to compute the amount due for each day.

(2) If, during the period of disability, the employer continues to provide consideration, including board, rent, housing, or lodging, the value of such consideration shall be deducted when calculating the average weekly wage of the employee so long as these benefits continue to be provided.

(3) The department shall establish by rule a form which shall contain a simplified checklist of those items which may be included as “wage” for determining the average weekly wage.

(4) Upon termination of the employee or upon termination of the payment of fringe benefits of any employee who is collecting indemnity benefits pursuant to s. 440.15(2) or (3), the employer shall within 7 days of such termination file a corrected 13-week wage statement reflecting the wages paid and the fringe benefits that had been paid to the injured employee, as provided in s. 440.02(40).

(5)(a) If the lost wages from concurrent employment are used in calculating the average weekly wage, the employee is responsible for providing information concerning the loss of earnings from the concurrent employment.

(b) The employee waives any entitlement to interest, penalties, and attorney’s fees during the period in which the employee has not provided information concerning the loss of earnings from concurrent employment. Carriers are not subject to penalties under s. 440.20(8)(b) for unpaid compensation related to concurrent employment during the period in which the employee has not provided information concerning the loss of earnings from concurrent employment.

History.—s. 14, ch. 17481, 1935; CGL 1936 Supp. 5966(14); s. 3, ch. 20672, 1941; s. 2, ch. 28241, 1953; s. 1, ch. 63-160; s. 8, ch. 74-197; s. 1, ch. 77-290; s. 23, ch. 78-300; ss. 9, 124, ch. 79-40; s. 21, ch. 79-312; s. 4, ch. 82-237; s. 3, ch. 88-203; ss. 11, 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 110, ch. 97-103; s. 91, ch. 2000-153; s. 14, ch. 2001-91; s. 73, ch. 2002-1; s. 27, ch. 2002-194; s. 479, ch. 2003-261; s. 17, ch. 2003-412; s. 61, ch. 2004-5; s. 96, ch. 2023-8.

F.S. 440.14 on Google Scholar

F.S. 440.14 on Casetext

Amendments to 440.14

Arrestable Offenses / Crimes under Fla. Stat. 440.14

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.14.

Annotations, Discussions, Cases:

Cases Citing Statute 440.14

Total Results: 20

Detroit Tigers, Inc. and Sedgwick CMS v. Sodders

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

Snippet: agree that the AWW should be computed under section 440.14(1)(d), Florida Statutes, which requires determining

Great Cleaning Corporation/ Ascendant etc. v. Carmen Bello

Court: District Court of Appeal of Florida | Date Filed: 2016-09-06

Citation: 201 So. 3d 186, 2016 Fla. App. LEXIS 13341

Snippet: concluded that the calculation method under section 440.14(l)(a), Florida Statutes (2014), does not apply

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-07-07

Snippet: in this subsection, s. 440.12(1), and s. 440.14(3).[4] Once the employee reaches the maximum number

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

Court: Supreme Court of Florida | Date Filed: 2016-06-09

Citation: 194 So. 3d 311, 2016 WL 3191086

Snippet: in this subsection, s. 440.12(1), and s. 440.14(3).[4] Once the employee reaches the maximum number

K-C Electric Co. v. Walden

Court: District Court of Appeal of Florida | Date Filed: 2013-10-07

Citation: 122 So. 3d 514, 2013 WL 5509115, 2013 Fla. App. LEXIS 15832

Snippet: the appropriate AWW is calculated under section 440.14, Florida Statutes, which sets forth its formulas

Garcia-Lopez v. Affordable Plumbing/Vinings Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2011-07-18

Citation: 66 So. 3d 1024, 2011 Fla. App. LEXIS 11170, 2011 WL 2752805

Snippet: for calculating average weekly wage under section 440.14, Florida Statutes.” Id. at 356. The argument advanced

Elias v. WORLD WIDE CONCESSIONS, LLC

Court: District Court of Appeal of Florida | Date Filed: 2010-07-07

Citation: 41 So. 3d 304, 2010 Fla. App. LEXIS 10817, 35 Fla. L. Weekly Fed. D 1525

Snippet: compensation directly to the employee as required by §§ 440.14, 440.15, and 440.16, in accordance with the obligations

Eaton v. Pinellas County School Board

Court: District Court of Appeal of Florida | Date Filed: 2008-11-21

Citation: 995 So. 2d 1075, 2008 Fla. App. LEXIS 19274, 2008 WL 4949288

Snippet: 719 (Fla. 1st DCA 2008). The JCC applied section 440.14(l)(a), Florida Statutes, to calculate Claimant’s

Fast Tract Framing, Inc. v. Caraballo

Court: District Court of Appeal of Florida | Date Filed: 2008-09-15

Citation: 994 So. 2d 355, 2008 WL 4190649

Snippet: for calculating average weekly wage under section 440.14, Florida Statutes. Facts and Procedural History

Stubbs v. BOB DALE CONST.

Court: District Court of Appeal of Florida | Date Filed: 2008-03-25

Citation: 977 So. 2d 718, 2008 WL 762519

Snippet: weekly wage (AWW) increase pursuant to section 440.14(1), Florida Statutes (2006). We find the JCC erred

Rotstein v. Publix Supermarkets, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-07-24

Citation: 933 So. 2d 1256, 2006 Fla. App. LEXIS 12301, 2006 WL 2040381

Snippet: that the valuation date was controlled by section 440.14(1), Florida Statutes (1987), which provided that

Taylor v. Labor Finders

Court: District Court of Appeal of Florida | Date Filed: 2006-04-28

Citation: 928 So. 2d 435, 2006 Fla. App. LEXIS 6144, 2006 WL 1112689

Snippet: during his four days of employment and that section 440.14(l)(d), Florida Statutes (2003), governs the calculation

Sonny Glassbrenner, Inc. v. Dowling

Court: District Court of Appeal of Florida | Date Filed: 2005-10-18

Citation: 913 So. 2d 82, 2005 Fla. App. LEXIS 16460, 2005 WL 2649222

Snippet: section 440.14(l)(b), Florida Statutes (2001), in calculating claimant’s AWW. Section 440.14 provides

Osceola County School Board v. Boos

Court: District Court of Appeal of Florida | Date Filed: 2005-10-11

Citation: 912 So. 2d 667, 2005 Fla. App. LEXIS 16142

Snippet: an average weekly wage as delineated in section 440.14, Florida Statutes. The judge recognized this in

Flowers v. Acousti Engineering Co. of Florida

Court: District Court of Appeal of Florida | Date Filed: 2004-12-10

Citation: 888 So. 2d 735, 2004 Fla. App. LEXIS 18844, 2004 WL 2870001

Snippet: Reviewing de novo the interpretation of section 440.14(l)(a) & (l)(d), Florida Statutes (1987), which

OSCEOLA COUNTY SCHOOL BD. v. Arace

Court: District Court of Appeal of Florida | Date Filed: 2004-10-01

Citation: 884 So. 2d 1003, 2004 WL 2191154

Snippet: compensation directly to the employee as required by ss. 440.14, 440.15, and 440.16 ...," and those statutes refer

Brooks v. First Scaffold & Equipment, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-09-29

Citation: 884 So. 2d 420, 2004 Fla. App. LEXIS 14267, 2004 WL 2169011

Snippet: average weekly wage calculation contained in section 440.14(l)(a), Florida Statutes. The decision of the JCC

Vreuls v. Progressive Employer Services

Court: District Court of Appeal of Florida | Date Filed: 2004-08-30

Citation: 881 So. 2d 688, 2004 Fla. App. LEXIS 12746

Snippet: employee's average weekly wage pursuant to Section 440.14, F.S., as calculated by the carrier, as ordered

Able Body Temporary Services v. Lindley

Court: District Court of Appeal of Florida | Date Filed: 2004-02-24

Citation: 867 So. 2d 499, 2004 Fla. App. LEXIS 1966, 2004 WL 329344

Snippet: 657 So.2d 1266, 1267 (Fla. 1st DCA 1995). Section 440.14(1), Florida Statutes (1999), outlines the methods

Infinger Transportation Co. v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 2004-01-23

Citation: 863 So. 2d 1275, 2004 Fla. App. LEXIS 878

Snippet: calculation of average weekly wage under section 440.14(l)(d),’ ” Florida Statutes (2001). Mauranssi v