Florida Statutes

Fla. Stat. § 440.14 (2025)

Determination of pay.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 160 cases (2 in the last 5 years), 1951–2025 · leading case: Vegas v. Globe SEC., 627 So. 2d 76 (Fla. 1st DCA 1993).

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Vegas v. Globe SEC., 627 So. 2d 76 (Fla. 1st DCA 1993). · cites it 66× “Murphy case, we find that the frequently inequitable results arising from the rule of that case, prohibiting a combination of wages from concurrent dissimilar employment, are not required by Florida Statutes § 440.14, F.S.A., or any other section of the Workmen's Compensation…”

Wal-Mart Stores v. Campbell, 694 So. 2d 136 (Fla. 1st DCA 1997). · cites it 46× “Thus, resort to the "wages of a similar employee" or "the fulltime weekly wages of the injured employee" as provided in subsections (2) and (3) of said Section 440.14 is unnecessary and unauthorized since the method provided in subsection (1) thereof can "reasonably and fairly…”

James v. Armstrong World Indus., Inc., 864 So. 2d 1132 (Fla. 1st DCA 2003). · cites it 22× “Section 440.14, Florida Statutes (1982), provides in relevant part: (1) 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…”

Gilbreth v. Genesis Eldercare, 821 So. 2d 1226 (Fla. 1st DCA 2002). · cites it 10× “In determining that the 13-week calculation was the only method available to claimant under section 440.14, the JCC made the following pertinent findings: [T]he court has considered the Claimant's claim for inclusion of her earnings at Polk Community College in the calculation…”

Wal-Mart Stores v. Campbell, 714 So. 2d 436 (Fla. 1998). · cites it 27× “In Watson, as in the instant case, the employee had worked less than thirteen weeks in one of his jobs, and the Commission held: "One-thirteenth of the total amount of wages he actually earned in both employments during the thirteen weeks preceding his injury is a realistic…”

Tampa Elec. Co. v. Bradshaw, 477 So. 2d 624 (Fla. 1st DCA 1985). · cites it 11× “Taylor, in which the Commission, in interpreting Section 440.14(1), Florida Statutes (1971), concluded that the appropriate amount to be included in claimant's AWW was the amount he earned, not the monies actually paid to him during the 13-week period preceding the occurrence of…”

Albertson's Inc. v. Natale, 555 So. 2d 946 (Fla. 1st DCA 1990). · cites it 13× “See Section 440.14(1)(a). [2] The judge awarded temporary partial disability (TPD) benefits.”

Fast Tract Framing, Inc. v. Caraballo, 994 So. 2d 355 (Fla. 1st DCA 2008). · cites it 7× “We find that unreported income does not qualify as "wages earned and reported for federal income tax purposes" and cannot be the basis for calculating average weekly wage under section 440.14, Florida Statutes. Facts and Procedural History In 1991 Claimant began receiving social…”

Mauranssi v. Centerline Utils. Contract Co., 685 So. 2d 66 (Fla. 1st DCA 1996). · cites it 19× “Section 440.14, Florida Statutes (1995), prescribes methods for calculating a claimant's average weekly wage.”

Mayflower Corp. v. Davis, 655 So. 2d 1134 (Fla. 1st DCA 1994). · cites it 9× “Lastly, unless this Court requires the JCC to figure the AWW according to section 440.14, it is irrelevant whether Claimant worked during the thirteen weeks preceding the accident.”

Edwards v. Caulfield, 560 So. 2d 364 (Fla. 1st DCA 1990). · cites it 7× “This case is REMANDED for (1) a proper calculation of claimant's AWW in accordance with Section 440.14, Florida Statutes (1987) and (2) application of the "deemed earnings" provision of Section 440.”

Witzky v. West Coast Dup. & Claims Ctr., 503 So. 2d 1327 (Fla. 1st DCA 1987). · cites it 10× “Certainly, since the basis of compensation was annual earnings likely to fluctuate from quarter to quarter, a more rational basis for determining claimant's average weekly wage would be to calculate his annual earnings and divide by fifty-two weeks, as in the case of a seasonal…”

Show all 160 citing cases →

— 440.14(1) — 44 cases

Vegas v. Globe SEC., 627 So. 2d 76 (Fla. 1st DCA 1993). “Murphy case, we find that the frequently inequitable results arising from the rule of that case, prohibiting a combination of wages from concurrent dissimilar employment, are not required by Florida Statutes § 440.14, F.S.A., or any other section of the Workmen's Compensation…”

Mayflower Corp. v. Davis, 655 So. 2d 1134 (Fla. 1st DCA 1994). “Lastly, unless this Court requires the JCC to figure the AWW according to section 440.14, it is irrelevant whether Claimant worked during the thirteen weeks preceding the accident.”

Wal-Mart Stores v. Campbell, 694 So. 2d 136 (Fla. 1st DCA 1997). “Thus, resort to the "wages of a similar employee" or "the fulltime weekly wages of the injured employee" as provided in subsections (2) and (3) of said Section 440.14 is unnecessary and unauthorized since the method provided in subsection (1) thereof can "reasonably and fairly…”

Tampa Elec. Co. v. Bradshaw, 477 So. 2d 624 (Fla. 1st DCA 1985). “Taylor, in which the Commission, in interpreting Section 440.14(1), Florida Statutes (1971), concluded that the appropriate amount to be included in claimant's AWW was the amount he earned, not the monies actually paid to him during the 13-week period preceding the occurrence of…”

Waymire v. Florida Indus. Comm'n, 174 So. 2d 404 (Fla. 1965).

— 440.14(1)(a) — 40 cases

James v. Armstrong World Indus., Inc., 864 So. 2d 1132 (Fla. 1st DCA 2003). “Section 440.14, Florida Statutes (1982), provides in relevant part: (1) 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…”

Wal-Mart Stores v. Campbell, 714 So. 2d 436 (Fla. 1998). “In Watson, as in the instant case, the employee had worked less than thirteen weeks in one of his jobs, and the Commission held: "One-thirteenth of the total amount of wages he actually earned in both employments during the thirteen weeks preceding his injury is a realistic…”

Albertson's Inc. v. Natale, 555 So. 2d 946 (Fla. 1st DCA 1990). “See Section 440.14(1)(a). [2] The judge awarded temporary partial disability (TPD) benefits.”

— 440.14(1)(b) — 15 cases

Rivers v. Sca Serv. Of Florida, Inc., 465 So. 2d 634 (Fla. 1st DCA 1985).

Gilbreth v. Genesis Eldercare, 821 So. 2d 1226 (Fla. 1st DCA 2002). “In determining that the 13-week calculation was the only method available to claimant under section 440.14, the JCC made the following pertinent findings: [T]he court has considered the Claimant's claim for inclusion of her earnings at Polk Community College in the calculation…”

Mauranssi v. Centerline Utils. Contract Co., 685 So. 2d 66 (Fla. 1st DCA 1996). “Section 440.14, Florida Statutes (1995), prescribes methods for calculating a claimant's average weekly wage.”

Richardson v. Morrell's, Inc., 570 So. 2d 1076 (Fla. 1st DCA 1990).

— 440.14(1)(c) — 9 cases

Iley v. Linzey, 531 So. 2d 1361 (Fla. 1st DCA 1988).

Witzky v. West Coast Dup. & Claims Ctr., 503 So. 2d 1327 (Fla. 1st DCA 1987). “Certainly, since the basis of compensation was annual earnings likely to fluctuate from quarter to quarter, a more rational basis for determining claimant's average weekly wage would be to calculate his annual earnings and divide by fifty-two weeks, as in the case of a seasonal…”

Quality Painting, Inc. v. Harrison, 529 So. 2d 1172 (Fla. 1st DCA 1988).

Putnam Cnty. Sch. Bd. v. Debose, 667 So. 2d 447 (Fla. 2d DCA 1996).

— 440.14(1)(d) — 30 cases

Mauranssi v. Centerline Utils. Contract Co., 685 So. 2d 66 (Fla. 1st DCA 1996). “Section 440.14, Florida Statutes (1995), prescribes methods for calculating a claimant's average weekly wage.”

— 440.14(1)(f) — 9 cases

Albertson's Inc. v. Natale, 555 So. 2d 946 (Fla. 1st DCA 1990). “See Section 440.14(1)(a). [2] The judge awarded temporary partial disability (TPD) benefits.”

Edwards v. Caulfield, 560 So. 2d 364 (Fla. 1st DCA 1990). “This case is REMANDED for (1) a proper calculation of claimant's AWW in accordance with Section 440.14, Florida Statutes (1987) and (2) application of the "deemed earnings" provision of Section 440.”

OT Sims & Assocs. v. Merch., 435 So. 2d 884 (Fla. 1st DCA 1983).

Eaton v. Pinebrook Place Health Care Ctr., 506 So. 2d 1148 (Fla. 1st DCA 1987).

— 440.14(2) — 11 cases

Waymire v. Florida Indus. Comm'n, 174 So. 2d 404 (Fla. 1965).

Coleman v. Burnup & Sims, Inc., 95 So. 2d 895 (Fla. 1957).

Desfosses v. Carillon Hotel, 389 So. 2d 228 (Fla. 1st DCA 1980).

Hous. by Vogue v. Caswell, 421 So. 2d 556 (Fla. 1st DCA 1982).

Strickland v. Al Landers Dump Trucks, Inc., 170 So. 2d 445 (Fla. 1964).

— 440.14(3) — 15 cases

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. & City of St. Petersburg, etc. v. Bradley Westphal, 194 So. 3d 311 (Fla. 2016).

Smith v. Sunland Training Ctr., 455 So. 2d 1088 (Fla. 1st DCA 1984).

Kerce v. Coca-Cola Co.-Foods Div., 389 So. 2d 1177 (Fla. 1980).

Waymire v. Florida Indus. Comm'n, 174 So. 2d 404 (Fla. 1965).

— 440.14(4) — 9 cases

Sizemore v. Canaveral Port Auth., 332 So. 2d 23 (Fla. 1976).

Florida Cast Stone v. Dehart, 418 So. 2d 1271 (Fla. 1st DCA 1982).

Floriland Farms, Inc. v. Peterman, 131 So. 2d 477 (Fla. 1961).

Desfosses v. Carillon Hotel, 389 So. 2d 228 (Fla. 1st DCA 1980).

Peterman v. Floriland Farms, Inc., 131 So. 2d 479 (Fla. 1961).

— 440.14(4)(a) — 1 case

Vencor Hosp. v. Ahles, 727 So. 2d 968 (Fla. 1st DCA 1998).

— 440.14(4)(b) — 1 case

Cramer v. State of Florida, 885 F. Supp. 1545 (M.D. Fla. 1995).

— 440.14(5) — 4 cases

Times Publ'g Co. v. Walters, 382 So. 2d 720 (Fla. 1st DCA 1980).

Iley v. Linzey, 531 So. 2d 1361 (Fla. 1st DCA 1988).

Wilson v. City of Haines City, 97 So. 2d 208 (Fla. 2d DCA 1957).

Jones Shutter Prods., Inc. v. Jackson, 185 So. 2d 476 (Fla. 1966).

— 440.14(6) — 2 cases

Chase v. Walgreen Co., 750 So. 2d 93 (Fla. 5th DCA 1999).

Lavalle, Wochna, Rutherford, Maker & Truesdell v. Stevens, 394 So. 2d 141 (Fla. 1st DCA 1981).

— 440.14(l)(a) — 28 cases

Anstead v. Cox Broad., 500 So. 2d 197 (Fla. 1st DCA 1986).

Cody v. United Parcel Serv., 681 So. 2d 876 (Fla. 1st DCA 1996).

Lil' Champ Food Stores v. Ross, 682 So. 2d 649 (Fla. 1st DCA 1996).

Taylor v. Certified Poultry & Egg Co., 651 So. 2d 1262 (Fla. 1st DCA 1995).

Haynes v. Gordon Haynes State Certified Gen. Contractors, Inc., 506 So. 2d 471 (Fla. 1st DCA 1987).

— 440.14(l)(b) — 9 cases

AMF Powerboat Div. v. Gilchrist, 409 So. 2d 159 (Fla. 1st DCA 1982).

Lil' Champ Food Stores v. Ross, 682 So. 2d 649 (Fla. 1st DCA 1996).

Taylor v. Certified Poultry & Egg Co., 651 So. 2d 1262 (Fla. 1st DCA 1995).

Hilton v. Coral Springs Honda, 572 So. 2d 7 (Fla. 1st DCA 1990).

City of Miami v. Fernandez, 603 So. 2d 1346 (Fla. 1st DCA 1992).

— 440.14(l)(c) — 5 cases

Anstead v. Cox Broad., 500 So. 2d 197 (Fla. 1st DCA 1986).

Indus. Fiberglass Mfrs. & Employers Cas. Co. v. Davis, 460 So. 2d 998 (Fla. 1st DCA 1984).

Cuccarollo v. Gulf Coast Bldg. Contractors, 500 So. 2d 547 (Fla. 1st DCA 1986).

Sea World of Florida v. Anderson, 436 So. 2d 335 (Fla. 1st DCA 1983).

Alterman Transp. Lines v. Rust, 547 So. 2d 337 (Fla. 1st DCA 1989).

— 440.14(l)(d) — 16 cases

Able Body Temp. Servs. v. Lindley, 867 So. 2d 499 (Fla. 1st DCA 2004).

Expicare Nursing Servs. v. Eudaley, 596 So. 2d 126 (Fla. 1st DCA 1992).

Taylor v. Certified Poultry & Egg Co., 651 So. 2d 1262 (Fla. 1st DCA 1995).

AMF Powerboat Div. v. Gilchrist, 409 So. 2d 159 (Fla. 1st DCA 1982).

Indus. Fiberglass Mfrs. & Employers Cas. Co. v. Davis, 460 So. 2d 998 (Fla. 1st DCA 1984).

— 440.14(l)(d)(1993) — 1 case

Gusmano v. J & A Assocs., 692 So. 2d 993 (Fla. 1st DCA 1997).

— 440.14(l)(e) — 4 cases

City of Miami v. Fernandez, 603 So. 2d 1346 (Fla. 1st DCA 1992).

Sam Bloom Plumbing Co. v. Boykin, 513 So. 2d 193 (Fla. 1st DCA 1987).

Florida Ins. Guar. Ass'n v. Valez, 514 So. 2d 395 (Fla. 1st DCA 1987).

Altman & Sons Farms v. Rivera, 434 So. 2d 14 (Fla. 1st DCA 1983).

— 440.14(l)(f) — 9 cases

Ellis v. City of Frostproof, 642 So. 2d 113 (Fla. 1st DCA 1994).

Daytona Beach Cmty. Coll. v. Minson, 400 So. 2d 775 (Fla. 5th DCA 1981).

Faust v. Se. Contracting & Door Serv., 468 So. 2d 509 (Fla. 1st DCA 1985).

Blind v. It's a Bit Fishy, Inc., 639 So. 2d 703 (Fla. 1st DCA 1994).

Mendzee v. Nat'l Roofing Co., 417 So. 2d 841 (Fla. 1st DCA 1982).

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