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JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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florida statue 769.05. is a florida on the job ...

Customer Question

florida statue 769.05. is a florida on the job accident except from the chapter bankruptcey? please answer.
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 9 years ago.

Hi Sean:

The Florida Bankruptcy Exemptions can be viewed by going here. As you can see in the list, two exemptions that seem potentially applicable to damages from an on-the-job accident are the "Damages to employees for injuries in hazardous occupations" exemption under Florida Statute 769.05 which you cited (see below) or the "Workers' compensation" exemption under Florida Statute 440.22.

Also, Florida allows someone who files bankruptcy in Florida to use the Federal supplemental exemptions, which can be viewed here. The Federal supplemental exemptions do have some disability-type exemptions, but they are pretty limited.

So, which, if any, of these exemptions will apply depends on the nature of the accident (i.e. Hazardous occupation or not? Government employee or not? Worker's comp income or not? etc).

The Florida Statute you cited, 769.05, can be viewed here, and says: "769.05 Proceeds of recovery for injuries exempt from garnishment and execution.--Writs of garnishment, execution or other processes, shall not issue out of any court to reach any money due or likely to become due as damages under the provisions of this chapter. "

So, it appears that 769.05 does protect damages awarded to employees for injuries in hazardous occupations in bankruptcy if those damages are awarded under Chapter 769 of the Florida Statutes, which can be viewed here.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above (c) by Joseph Ross, all rights reserved.

Customer: replied 9 years ago.
i need to know if the accident settlement is except from the bankruptcey court and if delivering papers to stores and news racks is a hazard job based on florida law.
Expert:  JoeLawyer replied 9 years ago.

Sean:

You can access Florida Statute 769 by clicking here. In particular, F.S. 769.01, which you can access here, says:

"769.01 Employers affected by fellow servant act.--This chapter shall apply to persons engaged in the following hazardous occupations in this state; namely, railroading, operating street railways, generating and selling electricity, telegraph and telephone business, express business, blasting and dynamiting, operating automobiles for public use, boating, when boat is propelled by steam, gas or electricity. "

So, it does not appear to me that delivering papers falls into this category.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

 

 

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