Florida Statute 440.54 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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440.54 Violation of child labor law.—If the judge of compensation claims determines that an injured employee at the time of an accident is a minor employed, permitted, or suffered to work in violation of any of the provisions of the child labor laws of Florida, the employer shall, in addition to the normal compensation and death benefits provided by this chapter, pay such additional compensation as the judge of compensation claims may determine according to the circumstances of the case or the seriousness of the violation; however, the total compensation so payable shall not exceed double the amount otherwise payable under this chapter. The employer alone, and not the insurance carrier, shall be liable for the increased compensation or increased death benefits provided for by this section. Any provision in an insurance policy undertaking to protect an employer from such increased liability shall be void.

History.—s. 18, ch. 18413, 1937; CGL 1940 Supp. 5966(54); s. 15, ch. 28241, 1953; ss. 17, 35, ch. 69-106; s. 26, ch. 75-209; s. 23, ch. 78-300; ss. 41, 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. 15, ch. 91-46.

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Amendments to 440.54

Annotations, Discussions, Cases:

Cases Citing Statute 440.54

Total Results: 8

Lollie v. General American Tank Storage Terminals

34 So. 2d 306, 160 Fla. 208, 1948 Fla. LEXIS 643

Supreme Court of Florida | Filed: Feb 27, 1948 | Docket: 3268049

Cited 16 times | Published

predicated that part of the award appealed from on Section 440.54, Florida Statutes 1941, which in effect provides

Winn-Lovett Tampa v. Murphree

73 So. 2d 287, 1954 Fla. LEXIS 1527

Supreme Court of Florida | Filed: Jun 18, 1954 | Docket: 322271

Cited 15 times | Published

representative, husband or wife, parents, * * *." Section 440.54, Workmen's Compensation Act, relative to additional

Lockett v. Smith

72 So. 2d 817, 1954 Fla. LEXIS 1462

Supreme Court of Florida | Filed: May 21, 1954 | Docket: 456674

Cited 9 times | Published

of the interpretation given by this court to Section 440.54. The latter section (which provides for payment

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

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

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60301815

Cited 1 times | Published

compensation against the employer alone, pursuant to section 440.54, Florida Statutes *1027(2008), has not been

Florida Insurance Guaranty Ass'n v. Valez

514 So. 2d 395, 12 Fla. L. Weekly 2442, 1987 Fla. App. LEXIS 10687

District Court of Appeal of Florida | Filed: Oct 20, 1987 | Docket: 64630450

Published

violations of the Child Labor Law and that under Section 440.54, Florida Statutes, the employer was individually

Binimelis ex rel. Binimelis v. M.E.F. International Corp.

424 So. 2d 941, 1983 Fla. App. LEXIS 18433

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 64594528

Published

For instance, the penalty provided for in Section 440.54, Florida Statutes (1979) for the employment

Ferlita v. Florida Art Stucco Corp.

74 So. 2d 893, 1954 Fla. LEXIS 1186

Supreme Court of Florida | Filed: Oct 8, 1954 | Docket: 64485985

Published

claim for double compensation as provided by Section 440.54, Florida Statutes 1941, F.S.A. The Florida

Shipp v. Farrens Tree Surgeons, Inc.

72 So. 2d 387, 1954 Fla. LEXIS 1414

Supreme Court of Florida | Filed: May 4, 1954 | Docket: 64485508

Published

of age, petitioner brought this suit under Section 440.54, Florida Statutes 1941, F.S.A., to recover

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.