Florida workers’ compensation law make death benefit payments available to the deceased employee’s family. Eligible Florida workers’ compensation death benefit payment recipients include the decedent’s spouse, children, parents, siblings, or grandchildren. If your family suffered the unfortunate loss of a loved one in the course of their occupational duties, contact a qualified Orlando workers’ compensation attorney to learn about how to reclaim benefits.
Florida workers’ compensation for death benefits
Under Florida workers’ compensation laws, the families of workers killed in a workplace accident or who succumb to their injuries within one year of the accident are eligible to receive death benefits. If the worker’s death follows after continuous disability within five years of the injury, the family may also be eligible for benefits.
Florida workers’ compensation death benefits entitle the family to funeral expenses of up to $7,500. These benefits must be paid to the family within 14 days receiving a bill for the actual funeral expenses. Additionally, family members of the deceased worker are eligible to part of the employee’s future lost wages, up to $150,000.
Formula for calculating workers’ compensation death benefit payments in Florida
Florida law allows family members to recover up to 66.6 percent of their loved one’s income for a maximum of $150,000 in death payments. This is the maximum amount and may be less, depending on the circumstances of the decedent’s passing. For this reason, it is strongly encouraged family members retain an Orlando workers’ compensation attorney to help maximize their potential benefits.
The payment rate for death benefits depends on which family members are eligible to receive the payments. Spouses with no children may receive up to 50 percent of the deceased’s weekly pay. Furthermore, spouses may be eligible to receive compensation to pay for post-secondary education courses to help them learn new job skills.
In the event the deceased and their spouse had children, an additional 16.6 percent of the weekly pay may be allotted. Should the deceased worker have surviving children but no spouse, the children may be entitled to up to 33.3 percent of the deceased’s weekly pay.
If the deceased has no children or spouse, their parents may receive 25 percent of the lost weekly income. In situations where the deceased is survived by only siblings or grandchildren, 15 percent of the lost income may be paid.
Orlando workers’ compensation attorneys
Although it is the legal right for families to receive workers’ compensation death benefits, employers and their powerful workers’ compensation insurance providers may often attempt to skirt responsibility to fulfill their obligations. Insurance companies will often blame the victim’s untimely passing on their own negligence or claim the injury was not work-related. Hiring an Orlando workers’ compensation attorney from the onset of you case can help clarify Florida statutes and let the insurance companies know you and your family are adamant about getting the compensation you need.
