According to the U.S. Bureau of Labor Statistics, in 2018 there were a total of 5,250 fatal accidents occurring on-the-job. In Florida alone, there were 332 deaths reported resulting from on-the-job accidents. Organizations like the Occupational Safety & Health Administration offer assistance in ensuring safe conditions for workers. However, we know all too well that some Florida employers will cut corners, often to the detriment of employees and their families. When an employer has failed to protect its employees from serious injury or death, we are here to help.
Under Florida law, when an accident within the course and scope of employment leads to the death of that employee, the carrier is required to pay up to $150,000 in death benefits to the deceased’s family. Additionally, the family is entitled to a separate payment of up to $7,500 to assist in covering funeral expenses. But payment isn’t warranted in every death claim. If the injured worker was unmarried, or had adult children that were not in college, or did not financially support and live with certain family members, death benefits will likely be denied. Unfortunately, even when there is an available statutory beneficiary, insurance carriers will often find a number of additional excuses to avoid paying out the full $150,000 to surviving family members. As a surviving spouse, you may also be entitled to received educational. In order to ensure full benefits are paid, seeking out the right workers’ compensation lawyer for you and your family could be the difference in securing your families future or being left to pick up the pieces alone.
But is workers’ compensation the only means to recover damages for a work-related death?
During the 5-year construction project involving a 21-mile stretch of I-4 in Orlando, five employees lost their lives as a result of catastrophic accidents occurring during the course of employment. OSHA determined that at least one of those deaths resulted from serious safety violations, which provided enough evidence for the deceased’s family to directly sue the employer for negligence. Some work-related deaths may be the result of a defective product or the negligence of a 3rd party. Our team of experienced Jacksonville workers’ compensation attorneys and personal injury trial lawyers can ensure that all methods of recovery are pursued in order to protect your legal rights.
If you or a loved one find yourselves reeling from a family member’s untimely death as a result of an on-the-job accident, please call for a free in-home, office, or virtual conference today with one of our experienced Florida wrongful death attorneys at (904) 358-3300.
