Florida Workers’ Compensation Benefits: What Families of Fatally Injured Workers in Fort Lauderdale Are Entitled To

Losing a loved one is always difficult. When it happens on the job, it can be particularly overwhelming. Alongside your grief and shock, you likely have practical concerns, such as paying bills and how your family will survive without your loved one’s income.

Florida workers’ compensation includes death benefits specifically designed to support surviving family members, but the process for filing a claim can be complicated. Our experienced Fort Lauderdale workers’ compensation lawyer explains what Florida law provides for grieving families and how to protect your rights to benefits.

Workers’ Compensation Death Benefits For Grieving Families in Fort Lauderdale

According to the Bureau of Labor Statistics, more than 300 workers are killed on the job each year in Florida. Fires, explosions, falls, exposure to hazardous substances, and acts of violence are among the most common causes. Workers’ compensation death benefits are available to help grieving families in Fort Lauderdale recover financially from their loss.

Under Section 440.16 of the Florida Statutes, benefits available to qualifying family members include:

• Burial expenses up to $7,500, paid directly to the person who covers the funeral costs.
• Payments to qualifying dependents that equal up to two-thirds of the deceased worker’s average weekly wage.
• Educational benefits for dependent children up to age 18, or up to age 22 if the child is a full-time student.
• Compensation continues for a surviving spouse until remarriage, at which point a lump sum equal to two years of benefits is paid.

To qualify for weekly benefits, dependents must establish their relationship to the deceased worker and demonstrate financial dependence at the time of the fatal injury.

What To Do After a Fatal Workplace Accident in Fort Lauderdale

Florida workers’ compensation insurers do not make the claims process easy for surviving families, and benefits are often denied or disputed without any clear explanation. To protect your rights, take these steps:

• Provide written notice of what happened and your intent to claim death benefits with the employer and their insurer as soon as possible.
• Collect evidence showing your financial dependence on your loved one, including tax returns, household expense records, and evidence of shared finances.
• Gather and preserve all records related to the incident, including accident reports, witness statements, and any investigative findings.
• Get professional legal help before accepting an insurance settlement, as lump sum offers often end up being less than what the family deserves or needs to recover.

If a third party, such as an equipment manufacturer or negligent contractor, contributed to your loved one’s death, you may be entitled to additional compensation in a third-party liability claim.

Contact an Experienced Fort Lauderdale Workers’ Compensation Lawyer Today

Have you lost a loved one due to a fatal workplace accident in Fort Lauderdale? The Law Offices of David M. Benenfeld, P.A., provides caring, comprehensive support during this difficult time and the professional legal representation you need to get compensation. Contact our experienced Fort Lauderdale workers’ compensation lawyer and request a consultation in our Sunrise, Fort Lauderdale, or West Palm Beach office today.

bls.gov/iif/state-data/fatal-occupational-injuries-in-florida-2022.htm

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.16.html