Death: WHAT WORKERS COMPENSATION COVERS
The death of a breadwinner can have devastating effects on a family’s finances. But it could be even more so if workers compensation benefits are denied. If you are going through this, you need an experienced workers comp lawyer like Victor Malca to fight for your cause. Talk to us now for a free consultation.
In 2017 alone, 299 workers in Florida died while doing their jobs. While 5,147 lost their lives under the same circumstances in the whole country. This tells us that employee fatality in the US is more common than you think.
This is why workers compensation benefits in case of death are absolutely necessary. Unfortunately, the surviving family usually have to fight tooth and nail for it. It’s not a secret that employers and insurance companies don’t like paying benefits of any kind. Workers comp benefits for employees who perish on the job are no exception.
Who Are Allowed To Receive Death Benefits?
Under Florida law, the following people are entitled to receive a percentage of the weekly wages on account of dependency to the deceased:
- the spouse
- the child or children if there is no spouse
- the parents if the deceased is not married and has no kids
- brothers, sisters, and grandchildren in the absence of other immediate families
- guardian of minor or incompetent
However, the deceased’s child or children (unless mentally or physically disabled) shall not be any more eligible for death benefits once they reach 18 years old. This age requirement is extended to 22 years if the child is enrolled as a full-time student in an accredited educational institution.
How Much Workers Comp Benefits Can You Get?
Survivors of an employee who died from a work-related accident can receive workers comp benefits covering funeral expenses and compensation. Employers are required to pay for actual funeral expenses within 14 days of receiving the bill. The amount, however, should not exceed $7,500.
Another benefit survivors can expect to receive is a percentage of the deceased’s average weekly wages. The amount can range from 50% to 15% depending on their degree of dependency. The surviving spouse may also receive payment for post-secondary student fees if she decides to enroll in any career center or community college.
No matter what the law says about how much survivors are entitled to, it would be an uphill battle. For one, you have to prove that the death of your loved one is due to a workplace accident or an illness which the deceased acquired while at work. Employers and insurance companies will have their full legal team who will do anything to disprove your claim. But having an expert workers compensation lawyer like Victor Malca by your side levels the playing field.
He’s been representing workers compensation cases in Florida for the past 23 years. His rich experience in the field and his thorough knowledge of Florida’s workers comp law works to your advantage. Those he’s helped will attest that he personally goes out of his way to know the ins and outs of his client’s medical condition.
How We Can Help
Victor Malca Law P.A. is the leading workers compensation law firm in Florida. Our preeminent lawyer Victor Malca is a trusted name in the state when it comes to workers comp benefits. This hard-earned reputation is thanks to the thousands of workers compensation cases he won throughout his long career.
We’ll help you throughout the entire process. From helping you gather the necessary documents to representing you in court, we got your back. Call us now for a free consultation.