Orlando Personal Injury Lawyer

The Francis Law Group


Florida Work-related Deaths

All car accidents can be dangerous or deadly, but one type that can be particularly detrimental is an angle or side collision. If you’ve been in this collision type in Orlando, meeting with a t-bone car accident lawyer as soon as possible can help improve your chances of recovering damages.

There are more than 200 work-related deaths each year in Florida, according to the Bureau of Labor Statistics. Florida workers’ compensation system provides several types of benefits for the surviving spouse and children of workers who sustained fatal on-the-job injuries or occupational illnesses. These benefits can be extremely valuable as your family goes through the grieving process, and you try to regain financial footing.

Income Replacement Death Benefits Available

Spouses, children and others who were dependent upon the deceased worker for financial support have access to several types of workers’ compensation death benefits, one of which is income replacement. Eligible beneficiaries will receive a monthly check that covers a portion of the worker’s wages prior to death. The state uses a formula to calculate the benefit amount. The maximum wage replacement payout for each deceased worker is $150,000.

Your benefit amount will depend upon the dynamics of your family.

  • Spouse only – If you are the spouse and there are no children, you will receive 50 percent of the average weekly wage.
  • Spouse and children – If you have children, you will receive an additional 16 2/3 percent of the average weekly wage, plus 50 percent.
  • Children and no spouse – If you are the child of the deceased worker and there is not surviving spouse, you will receive 33.5 percent.
  • Parents – Surviving dependent parents will receive 25 percent of the workers’ weekly wages.
  • Siblings and grandchildren – Dependent siblings and grandchildren will receive 15 percent of the weekly wages.

Other Death Benefits Available

  • Additional benefits are offered to survivors.
  • Funeral expenses – The workers’ compensation insurer will pay for your loved one’s funeral expenses, up to $7,500.
  • Education assistance – When the primary wage earner in the family dies, the surviving spouse often have to enter the workforce or increase their earnings. As such, the state includes educational assistance as part of the death benefit package. As a spouse, you can get assistance paying for an education at any career center for up to 1,800 classroom hours at any community college established for up to 80 semester hours. The availability of these benefits last for seven years.

Resources for Grieving Families in Orlando

In addition to maximizing all the available benefits under worker’s compensation, there are numerous resources in the community to assist you as you go through the healing process after losing your loved one.

Public assistance and church groups may offer emotional or financial support resources. You can learn more about public assistance programs by contacting Florida Department of Children and Families Automated Community Connection to Economic Self-Sufficiency (ACCESS) at 866-762-2237. There are various grief support groups in the area that you can attend. Below are a few resources to get you started.

GriefShare – There are more than a half dozen GriefShare groups in the Orlando area.

Counseling – Psychology Today provides a listing of nearly a dozen bereavement groups in the area.

New Hope for Kids –This grief support organization is dedicated to helping children going through traumatic losses. They are located in Maitland.

Our Attorney Can Help You Apply for Workers’ Comp Death Benefits

Workers’ compensation benefits are sometimes wrongly denied or prematurely shut off when it comes to work-related deaths. There are time limits you must abide by and specific forms to fill out in order to obtain benefits, and you may have to justify your benefits by proving that you were dependent upon the decease worker for support.

To ensure you get the benefits to which you’re entitled, you’ll want to have a workers’ compensation attorney assist with your claim. For help from an established firm in Orlando, contact Francis Law Group at 407-363-9939 or fill out our online contact form to schedule a free consultation.