Saturday, May 23, 2015

Florida Exemption of Worker's Compensation Benefits

Florida Statutes section 440.02 provides for the exemption of worker's compensation claims or benefits due or payable under Florida Statutes, Chapter 440.  Courts have held that this exemption for worker's compensation benefits applies whether the benefits are compensate for lost wages or for present or future medical expenses. This exemption though does not apply to creditors with claims based on child support or alimony.

The Florida Supreme Court held worker's compensation benefits deposited into a bank account remain exempt  "so long as the funds are traceable to the workers' compensation benefits." Broward v. Jacksonville Medical Center, 690 So. 2nd 589 (Fla. 1997).