Fatal Work Accidents

When someone dies on the job, workers’ compensation provides income benefits to surviving family members who were dependent upon their deceased loved one for their livelihood.

As with all workers’ compensation claims, specific requirements and deadlines must be met to receive survivor benefits in a work-related fatality case.

The sooner you seek help from an attorney who is qualified and knowledgeable enough to handle these cases, the sooner you can begin the process of collecting the benefits that you need and deserve.

Who is Eligible to Recover Benefits When a Workplace Death Occurs?

Work-related deaths involve special provisions of Florida workers’ compensation benefit laws which outline who can recover workers’ compensation benefits.

In addition to providing income benefits, these provisions provide compensation to cover funeral costs, burial expenses and more.

When deciding whether benefits are owed to a dependent, the insurance company considers many factors, including the claimant’s relationship to the deceased worker and whether the family members seeking benefits were financially dependent upon their loved one for support.

With the help of attorneys Stephen Berlin and team, we can determine if you qualify to recover benefits and for how long.

For example:

• Widowed spouses may recover death benefits up to $150,000
• Minor children of the deceased employee may recover income benefits until they reach the age of 18 (or the age of 22 if they are full-time students)
• Dependent parents of a worker killed on the job may also recover benefits under certain circumstances, but these may be less than a spouse or dependent child would have received

Our Fatal Work Accident Lawyers Are Here to Help

Just like accidents involving serious injuries, the process of filing workers’ compensation fatality claims has its own share of complexities and important concerns.

With over 22 years of experience handling only workers’ compensation cases, we can make a difference in the outcome of your claim.

Attorney Stephen Berlin is extremely familiar with the unique issues that come with death claims. Under his guidance, Mr. Berlin will help ensure that the workers’ compensation insurance company provides you with the benefits you are entitled to.

What Do You Need to File a Workers’ Compensation Death Claim?

In fatal work accidents, particular conditions must be met so that claims can be processed.

In order to verify relationships for dependent survivors, documents like the following must be submitted to the employer’s insurance carrier:

• Death certificates
• Marriage certificates
• Birth certificates for dependent minor children

Statute of Limitations for Claiming Workers’ Comp in Fatal Accidents 

Employers must notify the Occupational Safety and Health Administration (OSHA) of any on-the-job fatality within eight hours. In Florida, the statute of limitations for claiming workers’ compensation benefits in the case of a fatal workplace accident is typically two years from the date of the worker’s death. However, some exceptions may extend or limit this period depending on the circumstances of the accident or the knowledge of the injury that led to the fatality.  

It is essential for surviving dependents or family members to file within this time frame, as missing the deadline may result in losing the right to compensation. It’s best to seek our guidance to ensure compliance with Florida’s workers’ compensation laws regarding fatal work injuries. 

Receive the Vital Benefits You Deserve

As a workers’ compensation law firm working to protect your interests, we understand that the period following an injured worker’s death is always a very difficult time for their families.

We are here to assist the spouse and dependents of a worker who has been killed on the job by identifying and collecting all of the necessary documentation that is required so that benefits can be commenced immediately.

We help ensure that all claims are properly completed and timely filed. We want you to begin receiving the vital benefits you deserve as soon as possible.

Florida Workers’ Comp Death Benefits

In Florida, workers’ comp death benefits are paid to the surviving spouse or children under 18. Full-time students are eligible until age 22.

Other dependents, such as parents or siblings, may prove eligible if they directly depended on the deceased worker for support.

These claims must be filed within two years, and the death must have occurred within one year of the accident to qualify for benefits.

However, there is an exception if a work-related continuous disability was the cause of death. Under these circumstances, the death must have occurred within five years.

Benefits include:

• Funeral and burial expenses, up to $7,500
• Educational benefits for surviving spouses
• The spouse can receive up to 50 percent of the worker’s weekly wage, subject to a cap.
• A surviving spouse with children also receives 16.67 percent of the worker’s weekly salary for each child.

There is a $150,000 cap on the amount the employer or insurer must pay for an employee’s death. That means that death benefits, funeral expenses, and other expenses cannot exceed this amount.

What’s the Difference Between Workers’ Comp Death Benefits and Wrongful Death Lawsuits?

If your loved one dies because of a job-related accident or illness, you can receive workers’ comp death benefits from the employer who would not admit liability.

In a wrongful death lawsuit, as the plaintiff, you must prove that the defendant, the employer, is liable for the death of your family member. Defendants may also include other parties bearing responsibility for the fatality.

Who Can Be Held Liable for a Fatal Workplace Accident?  

Liability for a fatal workplace accident depends upon the circumstances of the accident. In Florida, while workers’ compensation generally limits the ability to sue employers for a fatal workplace accident, there are key exceptions where legal action, e.g., a wrongful death suit, beyond workers’ comp may be possible: 

1. Intentional Acts or Gross Negligence by the Employer: If the employer intentionally caused the harm or acted with gross negligence leading to the fatality, the employer may lose workers’ compensation immunity, allowing the family to sue for wrongful death. Gross negligence goes beyond ordinary carelessness and shows a reckless disregard for safety. 

2. Third-Party Liability: If a party other than the employer, such as a subcontractor, equipment manufacturer, or another company, caused the accident through negligence or faulty equipment, a wrongful death lawsuit can be filed against that third party. 

3. Product Liability: If defective equipment or machinery caused the fatality, the manufacturer could be held liable in a separate lawsuit, even if the worker’s employer is protected by workers’ compensation. 

4. Lack of Workers’ Compensation Insurance: If an employer fails to carry workers’ compensation insurance when required by law, they may lose immunity from lawsuits, and the family may pursue legal action for damages. 

For example, in 2024, the U.S. Department of Labor (DOL) cited two Florida construction companies in the death of a 37-year-old employee in October 2023. The DOL found that a lack of crane safety protocols led to the worker’s death after he was struck by a boom when a crane tipped over during work on an Orlando highway ramp.  

Family members may also file a wrongful death lawsuit if their loved one was killed in a motor vehicle accident while working for an employer. That does not include fatal motor vehicle accidents while the employee was commuting to or from work. It only involves accidents during the employee’s regular work duties, such as a salesperson en route to meet with a client.  

A Florida work injury lawyer will investigate the circumstances surrounding your family member’s workplace fatality and identify all potential third-party defendants.   

What Instances Make Sense to Pursue a Workplace Wrongful Death Lawsuit?

Unlike workers’ comp benefits, filing a wrongful death lawsuit allows the plaintiff to seek damages such as:

• Pain and suffering
• Loss of companionship
• Loss of income and inheritance

Since the overall compensation amount is limited under workers’ comp death benefits, a wrongful death lawsuit may provide a larger settlement.

In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. The claim is filed on behalf of the late person’s family.

The lawsuit must name all family members with an interest in the wrongful death lawsuit, including the surviving spouse and the deceased’s children. If the person did not leave a spouse or children, the deceased’s parents are listed. Compensation is distributed to the beneficiaries.

The Florida statute of limitations for filing a wrongful death lawsuit is two years from the death date, not the accident date.