Workplace accidents are an unfortunate reality that can have devastating impacts on employees and their families. When a fatal workplace accident occurs, the surviving family members are often left with emotional trauma and financial uncertainty.
A Fort Lauderdale, Florida workers comp attorney can explain the legal provisions in place to provide survivor benefits to the families of workers who lose their lives in workplace accidents.
Fatal Workplace Accidents in Florida
In 2022, there were 307 fatal work injuries in Florida. The most common fatal events were transportation incidents and falls, slips, and trips, which accounted for 59 percent of all fatal workplace injuries in the state. The private construction industry sector had the highest number of fatalities with 91.
Understanding Workers Compensation Laws in Florida
In Florida, the Workers’ Compensation Law provides benefits to dependents of workers who die as a result of work-related injuries or illnesses. These benefits are designed to provide financial support to the surviving family members and cover funeral expenses.
The Florida Division of Workers’ Compensation defines a dependent as a spouse, child under the age of 18, child under the age of 22 who is enrolled as a full-time student, or a child of any age who is mentally or physically incapable of earning wages. Other relatives may also qualify as dependents if they were partially or wholly dependent on the deceased worker’s earnings.
Survivor Benefits
Survivor benefits in Florida are designed to provide financial support to the dependents of workers who have died due to work-related injuries or illnesses. These benefits are governed by the Florida Workers’ Compensation Law and are administered by the Division of Workers’ Compensation.
Funeral Expenses
The law provides for the payment of funeral expenses up to $7,500. This is intended to alleviate the immediate financial burden that a family may face following the death of a loved one.
Compensation to Dependents
Dependents of the deceased worker are entitled to compensation. The total amount of compensation to dependents cannot exceed a total of $150,000. The distribution of these benefits among dependents is determined based on the extent of their dependency. A surviving spouse with no children may be granted 50 percent of the average weekly wage.
Educational Benefits
The surviving spouse of a worker who dies due to a work-related injury or illness may be entitled to educational benefits at a state career center or community college. This is designed to provide the surviving spouse with the opportunity to acquire new skills and improve their employability.
Legal Assistance for Survivor Benefits Claims
Navigating the legal complexities of workers compensation and survivor benefits can be challenging, especially during a time of grief. It is advisable to seek legal assistance to ensure that all potential benefits are explored and the rights of the deceased worker’s dependents are protected.
A knowledgeable attorney can guide the dependents through the process of filing a claim, gathering necessary documentation, and representing their interests in any disputes that may arise.
Reach Out to a Fort Lauderdale Workers Comp Lawyer
The loss of a loved one in a workplace accident is a tragic event. While no amount of compensation can replace the loss, survivor benefits under Florida’s Workers’ Compensation Law can provide crucial financial support during this difficult time.
Legal assistance from an experienced Fort Lauderdale workers comp attorney can be invaluable in navigating this complex process and ensuring that the dependents receive the benefits they are entitled to. Contact Work Injury Rights at 954-324-COMp for a free consultation and case review.
