Losing a loved one due to a workplace accident is one of the most devastating experiences a family can endure. While no financial compensation can ever replace a family member, Florida Workers Comp death benefits are designed to provide financial support to surviving dependents in the wake of a tragic on-the-job fatality.
According to the U.S. Bureau of Labor Statistics, there were 5,250 work-related fatalities in the United States in 2018, with 332 of those deaths occurring in Florida alone. Despite regulations set forth by organizations like OSHA to ensure safe working conditions, some Florida employers continue to cut corners and place workers at serious risk. When that negligence results in the loss of life, families deserve justice, financial relief, and compassionate legal guidance.
This is when our skilled and experienced personal injury attorneys can help families and loved ones begin to address their loss of a loved one. We use our knowledge of Florida Workers Comp laws to hold employer’s workers comp insurance providers to full account and make sure that loved ones receive the compensation they are fully entitled to.
What Are Florida Workers Comp Death Benefits?
Under Florida Statutes § 440.16, when an employee dies as a result of an injury or accident that occurred within the course and scope of employment, the employer’s workers’ compensation insurance carrier is legally required to provide death benefits.
These benefits include:
- Up to $150,000 in total compensation to eligible survivors
- Funeral expenses up to $7,500
- Educational benefits for surviving spouses (e.g., tuition support for job training or college education)
These benefits are meant to ease the financial burden of funeral costs, lost income, and long-term economic impact on the family.
When Are Death Benefits Denied or Reduced?
Florida Workers Comp death benefits are not automatically granted in every fatal workplace accident. Insurance companies often look for technicalities or eligibility loopholes to deny or reduce payments. Common reasons for denial include:
- The deceased was unmarried with no dependent children
- Adult children were not enrolled in college or financially dependent
- No evidence of financial support or cohabitation with other family members
- Delays in reporting the incident or filing a claim
- Disputed cause of death or whether it occurred in the course of employment
Even when a statutory beneficiary is clearly eligible, insurance carriers often dispute or underpay the rightful compensation. This is why it’s essential to have an experienced legal advocate by your side.
Is Workers Comp the Only Option for Recovery?
No. In some cases, families may have additional legal avenues for compensation beyond workers comp.
For example:
During the massive I-4 construction project in Orlando, multiple workers tragically lost their lives. An OSHA investigation found serious safety violations, allowing one family to pursue a direct negligence lawsuit against the employer.
If a fatality results from a defective product, faulty equipment, or third-party negligence (such as a subcontractor or driver), a wrongful death lawsuit or product liability claim may also be possible.
Our team at McGRATH GIBSON LAW includes both Florida workers’ compensation lawyers and experienced personal injury trial attorneys. We will investigate the circumstances of your loved one’s death and determine all possible paths to financial recovery—including third-party claims, negligence lawsuits, and full pursuit of workers comp death benefits.
If your family has suffered the loss of a loved one due to a workplace accident, you don’t have to face the legal and financial challenges alone. Our team is here to help you understand your rights, file your claim, and fight for the full benefits your family deserves under Florida Workers Comp death benefits law.
We offer free consultations. Call McGRATH GIBSON LAW at (904) 358-3300. We are available 24/7.
