Suing a Business in Florida for the Wrongful Death of an Employee: Can it be Done?

Live Oak, FL—Employers in the State of Florida are required to provide their employees with a work environment that is free from serious hazards.1 They are also required to comply with all standards, rules, and regulations that are outlined in the OSH Act. If an employer fails to do any of the following and an employee passes away because of this, a wrongful death lawsuit may be brought against them.

 

Publix Chain Sued Over the Death of a Deli Worker

 

A Florida family filed a wrongful death lawsuit at the end of 2020 against Publix after their father allegedly contracted the COVID-19 virus while working.2 In the lawsuit, the family alleges that their father was not permitted to wear a mask during the height of the coronavirus pandemic in Florida and was required to work alongside another employee who was displaying symptoms associated with the deadly virus.

The source says that the employee later tested positive for COVID-19 and their father was admitted to the hospital with symptoms sometime after. Unfortunately, the plaintiff’s father passed away in the hospital due to complications.

The family says that management is to blame for their father’s death as he was not permitted to protect himself from the virus that started a worldwide pandemic. The family is seeking approximately $30,000 in damages.

 

Filing a Wrongful Death Lawsuit in Florida

 

Wrongful death lawsuits can be filed against businesses in Florida when an owner/operator engages in negligent behavior which causes someone to pass away. In order for a person or family to file a wrongful death lawsuit, they must be able to prove that it was the business’s negligence that led to the death of their loved one. Because this can be challenging to do, individuals often hire a Live Oak, FL wrongful death lawyer to assist with the lawsuit process.

 

How long does a family have to file a wrongful death lawsuit in Florida?

 

Wrongful death lawsuits must be filed within two years from the date of a person’s death.3 While the court will sometimes grant extensions, in most cases, the party looking to sue must get their lawsuit filed before the statute of limitations expires.

 

Koberlein Law Offices is Here to Help a Family Get Their Wrongful Death Lawsuit Filed

 

Losing a loved one unexpectedly is difficult, and families need adequate time to grieve. Instead of having to learn laws and figure out the complex legal system, families can take the time they need and hire a Live Oak, FL wrongful death attorney to handle all legal matters.

If a family in Live Oak, FL recently lost someone they love and would like to find out if they have the grounds to file a wrongful death lawsuit against a business, they are invited to contact Koberlein Law Offices and schedule a time to speak with a lawyer.

 

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

 

Sources:

  1. https://www.osha.gov/workers/employer-responsibilities
  2. https://www.orlandoweekly.com/Blogs/archives/2020/11/25/family-of-a-florida-publix-employee-who-died-of-covid-19-files-wrongful-death-suit-against-the-grocery-chain
  3. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html