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State Statutes

FLORIDA WORKERS’ COMPENSATION STATUTES (CHAPTER 440)

Here is the official on-line link to the 2008 Florida Workers Compensation Statutes which govern how your workers compensation case is handled.

If you have any questions about the law as it relates to your Florida Workers’ Comp case you can call Kevin directly or use our Contact Form and he will get back to you immediately.

Specific Injury Related Statutes

There are two injuries specifically cited in the Statutes; Amputations and Back Injuries. The Law Firm of Kevin A. Moore has provided a summary of these for you in the following two paragraphs.

Amputations

440.15 Compensation for disability.- Compensation for disability shall be paid to the employee, subject to the limits provided in s. 440.12(2), as follows:

(1) PERMANENT TOTAL DISABILITY.-

  • (a)In case of total disability adjudged to be permanent, 662/3 percent of the average weekly wages shall be paid to the employee during the continuance of such total disability. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in, at least sedentary employment.
  • (b)In case of total disability adjudged to be permanent, 662/3 percent of the average weekly wages shall be paid to the employee during the continuance of such total disability. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in, at least sedentary employment.

2. Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;

Back Injury

Back Injures are covered under one or more of these sections. 40.02 (1), 440.02 (19), 440.15, 440.49,

“Injury” means personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. Damage to dentures, eyeglasses, prosthetic devices, and artificial limbs may be included in this definition only when the damage is shown to be part of, or in conjunction with, an accident. This damage must specifically occur as the result of an accident in the normal course of employment.

Surgical removal of an intervertebral disk or spinal fusion.

One or more back injuries or a disease process of the back resulting in disability over a total of 120 or more days, if substantiated by a doctor’s opinion that there was a preexisting impairment to the claimant’s back.

Any permanent physical impairment as defined in s. 440.15(3) which is a result of a prior industrial accident with the same employer or the employer’s parent company, subsidiary, sister company, or affiliate located within the geographical boundaries of this state.

Kevin Will Explain The Law To You

If you go to the link for the 2008 Florida Workers Compensation Statutes you will easily see how complex they are. If you will Contact Kevin he can explain how your injury and your circumstances will be treated by Florida’s Workers’ Compensation laws.

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