If an employee in Florida suffers fatal injuries in a construction accident, is their family entitled to workers’ comp benefits?

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Live Oak, FL—The Florida workers’ compensation system will usually provide death benefits to the surviving dependents of a worker who suffered fatal injuries as a result of a work accident or passed away from a work-related illness. Death benefits are usually made available to spouses and children and they include1:


  • Funeral expenses. Surviving dependents might be entitled to collect up to $7,500 for funeral expenses if their loved one was fatally injured in a work accident.


  • A maximum of $150,000 in compensation. Surviving dependents may be entitled to recover a maximum of $150,000 in compensation, including the $7,500 for funeral expenses.


If an individual didn’t pass away directly after a work-related accident but did so within one year from the date of their incident, their dependents may still be entitled to recover death benefits. In addition, if a worker passed away within five years from the date of their accident and they were considered disabled during this time, their family may also be entitled to collect workers’ compensation death benefits.


What if an employee’s death could have been prevented?


If a surviving family member has reason to believe that their loved one’s work accident was caused by someone else’s negligence, they should speak with a Live Oak, FL wrongful death lawyer regarding this. An attorney can review the details surrounding the incident to determine if negligence served as a factor in their death.

While most employers are protected from lawsuits when they are complying with their state’s workers’ compensation laws, there may be other parties that can be held liable for a fatal construction accident. Property owners, private contractors, and companies that manufacture safety equipment are just a few examples of the parties whose actions should be questioned after a worker suffers a fatal injury as a result of a work-related accident.


What types of damages are awarded in wrongful death cases in Florida?


If surviving family members have a viable case against a third party such as one of those listed above, they may be entitled to collect the following damages in addition to workers’ comp death benefits2:

  • Pain and suffering
  • Loss of companionship
  • Loss of support and services
  • Future loss of support


Each party’s relationship to the decedent will be taken into account when determining how much they should receive in damages.

If one or more family members has legal questions they’d like to discuss with an experienced Live Oak, FL wrongful death lawyer, they can contact Koberlein Law Offices.


Koberlein Law Offices can be reached at any of their office locations listed down below:


855 SW Baya Drive

Lake City, FL 32025

Phone: 386-269-9802

Website: www.klo-attorneys.com


118 Ohio Avenue N, Suite A

Live Oak, FL 32064

Phone: 386-516-2626


8443 SW 14 Lane

Gainesville, FL 32607

Phone: 352-519-4357



  1. https://www.myfloridacfo.com/division/wc/employee/benefits/death.htm
  2. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html