Florida Statute 440.22 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

440.22 Assignment and exemption from claims of creditors.—No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall be exempt from all claims of creditors, and from levy, execution and attachments or other remedy for recovery or collection of a debt, which exemption may not be waived. However, the exemption of workers’ compensation claims from creditors does not extend to claims based on an award of child support or alimony.

History.—s. 22, ch. 17481, 1935; CGL 1936 Supp. 5966(22); s. 23, ch. 78-300; s. 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 18, ch. 2001-91; s. 49, ch. 2001-158.

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Amendments to 440.22

Annotations, Discussions, Cases:

Cases Citing Statute 440.22

Total Results: 28

Houston v. Williams

547 F.3d 1357, 2008 U.S. App. LEXIS 22686, 2008 WL 4793334

Court of Appeals for the Eleventh Circuit | Filed: Nov 5, 2008 | Docket: 213360

Cited 26 times | Published

measures. The U.S. Department of Energy, in 10 C.F.R. § 440.22 (2008), established the sole federal criteria

Broward v. Jacksonville Medical Center

690 So. 2d 589, 22 Fla. L. Weekly Supp. 132, 1997 Fla. LEXIS 317, 1997 WL 123269

Supreme Court of Florida | Filed: Mar 20, 1997 | Docket: 436420

Cited 11 times | Published

importance: DOES THE "DUE OR PAYABLE" LANGUAGE OF SECTION 440.22, FLORIDA STATUTES, MEAN THAT ONCE COMPENSATION

PROF. CONS. SERV. v. Hartford Life and Acc. Ins. Co.

849 So. 2d 446, 2003 WL 21654258

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 447593

Cited 5 times | Published

annuities, and benefits "shall be unassignable"); § 440.22, Fla. Stat. (2000) (stating that no assignment

Bryant v. Bryant

621 So. 2d 574, 1993 WL 274430

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 1265273

Cited 4 times | Published

of these reasons apply in Florida. Although section 440.22, Florida Statutes (1991) protects worker's

In Re Ryzner

208 B.R. 568, 10 Fla. L. Weekly Fed. B 351, 1997 Bankr. LEXIS 706, 1997 WL 273998

United States Bankruptcy Court, M.D. Florida | Filed: Apr 17, 1997 | Docket: 1787367

Cited 3 times | Published

importance: DOES THE `DUE OR PAYABLE' LANGUAGE OF SECTION 440.22, FLORIDA STATUTES, MEAN THAT ONCE COMPENSATION

Sullo v. Cinco Star, Inc.

755 So. 2d 822, 2000 WL 553916

District Court of Appeal of Florida | Filed: May 5, 2000 | Docket: 1699469

Cited 2 times | Published

represented by the CD were exempt pursuant to section 440.22, Florida Statutes (1997), which provides: Assignment

Wekiwa Concrete v. Reddick

396 So. 2d 832, 1981 Fla. App. LEXIS 19137

District Court of Appeal of Florida | Filed: Apr 8, 1981 | Docket: 1732321

Cited 2 times | Published

circumstances, no assignment of compensation is valid. Section 440.22, Fla. Stat. (1979).

In Re Harrelson

311 B.R. 618, 17 Fla. L. Weekly Fed. B 211, 2004 Bankr. LEXIS 903, 2004 WL 1490316

United States Bankruptcy Court, M.D. Florida | Filed: Apr 20, 2004 | Docket: 1847681

Cited 1 times | Published

Edwards account as exempt pursuant to Fla. Stat. § 440.22. On August 17, 2001 Lorraine Harrelson received

JG WENTWORTH, SSC, LP v. SAFECO Life Ins. Co.

755 So. 2d 138, 1999 WL 1062545

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1333643

Cited 1 times | Published

entire agreement was invalid as a violation of section 440.22, Florida Statutes (1997), which provides: No

Broward v. Jacksonville Medical Center, Inc.

673 So. 2d 962, 1996 WL 270827

District Court of Appeal of Florida | Filed: May 23, 1996 | Docket: 1245714

Cited 1 times | Published

county court decided that the exemption of section 440.22, Florida Statutes (1993), did not protect the

Boatright v. City of Jacksonville

334 So. 2d 339, 93 L.R.R.M. (BNA) 2909, 1976 Fla. App. LEXIS 15726

District Court of Appeal of Florida | Filed: Jun 23, 1976 | Docket: 64554338

Cited 1 times | Published

a debt, which exemption may not be waived. Section 440.22, Florida Statutes. Liability of an employer

In re Swetic

493 B.R. 635, 24 Fla. L. Weekly Fed. B 106, 2013 WL 3455947, 2013 Bankr. LEXIS 2751

United States Bankruptcy Court, M.D. Florida | Filed: Jul 9, 2013 | Docket: 65785184

Published

statute.14 After all, unlike section 443.051, section 440.22 (the statute involved in Jacksonville Medical)

Jones v. Harrelson

143 F. App'x 238

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2005 | Docket: 65686901

Published

benefits exempt from creditors under Florida Statutes § 440.22. However, we agree with the district court that

Jones v. Harrelson

143 F. App'x 238

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2005 | Docket: 65686900

Published

benefits exempt from creditors under Florida Statutes § 440.22. However, we agree with the district court that

Stetson v. Extendicare, Inc.

851 So. 2d 767, 2003 Fla. App. LEXIS 9495, 28 Fla. L. Weekly Fed. D 1498

District Court of Appeal of Florida | Filed: Jun 27, 2003 | Docket: 64824257

Published

violation of Frances Stetson’s rights pursuant to section 440.022, Florida Statutes (1997). This complaint was

Jensen v. Captiva Limousine Service, Inc. (In re Rajkovic)

289 B.R. 197, 16 Fla. L. Weekly Fed. B 55, 2002 Bankr. LEXIS 1649

United States Bankruptcy Court, M.D. Florida | Filed: Dec 3, 2002 | Docket: 65782538

Published

received from the Debtor were exempt pursuant to Fla. Stat. 440.22, thus, the Trustee has no right to the funds

In Re Ladd

258 B.R. 824, 14 Fla. L. Weekly Fed. B 200, 45 Collier Bankr. Cas. 2d 1183, 2001 Bankr. LEXIS 159, 37 Bankr. Ct. Dec. (CRR) 115, 2001 WL 173516

United States Bankruptcy Court, N.D. Florida | Filed: Feb 6, 2001 | Docket: 1496941

Published

case. Citing to the exemption contained in F.S. § 440.22, he held that those traceable lump sum proceeds

In Re Mix

244 B.R. 877, 13 Fla. L. Weekly Fed. B 123, 2000 Bankr. LEXIS 113

United States Bankruptcy Court, S.D. Florida. | Filed: Feb 14, 2000 | Docket: 1840835

Published

The Debtor claims the subject funds exempt under § 440.22, Florida Statutes, as proceeds of a workers' compensation

J.G. Wentworth, S.S.C., L.P. v. Safeco Life Insurance

755 So. 2d 138, 1999 Fla. App. LEXIS 15677

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 64796575

Published

entire agreement was invalid as a violation of section 440.22, Florida Statutes (1997), which provides: No

In re Ladomer

215 B.R. 265, 1997 Bankr. LEXIS 2005, 1997 WL 765772

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 2, 1997 | Docket: 65781645

Published

compensation claim as exempt under Florida Statute § 440.22 and 11 U.S.C. § 522(d)(10)(C). The Chapter 7 Trustee

Parl v. Parl

699 So. 2d 765, 1997 Fla. App. LEXIS 10096, 1997 WL 537056

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64775946

Published

child support award was an exception to the section 440.22 exemption and explaining that “child support

In re King

208 B.R. 570, 10 Fla. L. Weekly Fed. B 352, 1997 Bankr. LEXIS 699, 1997 WL 274200

United States Bankruptcy Court, M.D. Florida | Filed: Apr 22, 1997 | Docket: 65781550

Published

as exempt on Schedule C pursuant to Fla. Stat. § 440.22. Consequently, the Trustee filed her objection

PAYROLL TRANSFERS INTERSTATE v. Forshey

694 So. 2d 80, 1997 Fla. App. LEXIS 4004, 1997 WL 185606

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 1450662

Published

release was not approved by the JCC pursuant to section 440.22, Florida Statutes. We need not reach that question

In re Moore

203 B.R. 802, 1997 Bankr. LEXIS 16, 1997 WL 8516

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 6, 1997 | Docket: 65781470

Published

claimed the Proceeds as exempt under Florida Statute § 440.22. In the alternative, the Trustee objects to the

Tradewinds Manufacturing Co. v. Cox

541 So. 2d 667, 14 Fla. L. Weekly 645, 1989 Fla. App. LEXIS 1367, 1989 WL 19556

District Court of Appeal of Florida | Filed: Mar 10, 1989 | Docket: 64641582

Published

incorrect to the extent that he relied upon section 440.22, Florida Statutes (1987), for the proposition

Arthurs v. Arthurs

408 So. 2d 762, 1982 Fla. App. LEXIS 18946

District Court of Appeal of Florida | Filed: Jan 13, 1982 | Docket: 64587329

Published

We reverse that part of the final judgment. Section 440.22, Florida Statutes (1979) provides: ASSIGNMENT

Seminole Inn v. Ray

408 So. 2d 1061, 1981 Fla. App. LEXIS 22110

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 64587395

Published

shall be paid directly to the entitled person. Section 440.22, Florida Statutes (1977), provides: No assignment

Kennedy v. Estate of Beasley

318 So. 2d 496, 1975 Fla. App. LEXIS 15209

District Court of Appeal of Florida | Filed: Sep 5, 1975 | Docket: 64549037

Published

attorney fees. As to the cross assignment of error, § 440.22, Fla.Stat., provides as follows : “440.22 Assignment

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.