Penalties and Interest for Late Workers Comp. Checks

For dates of accident After October 1, 2003:

Interest Starts When Payment Become Due

If any installment of compensation is not paid when it becomes due, the Employer/Carrier ("E/C") owes interest on that payment. The minimum interest is $5. Otherwise, the statute provides for an interest rate of 12% per year. The E/C must pay whichever is larger. See Fla. Stat. § 440 (8)(a).

20% Penalties Become Due After Seven (7) Days

Generally, a twenty percent (20%) penalty becomes due if any installment of compensation is not paid within 7 days after it becomes due. However, the E/C is not responsible for a penalty if the payment is late due to reasons beyond their control. See Fla. Stat. § 440 (6)(a), (7).

Know When Compensation is Due

The due date for compensation depends on the type of benefit being paid, and the facts of your case. In many instances compensation is paid for two-week periods in arrears. This means that the check is due at the end of the two-week period.

To avoid sending checks out late, the E/C may send payments out before they are due. If you usually get paid early, a check may seem late before it is even due.

Updated: June 7, 2018