If My Spouse Passes Away at Work, Do I Get Benefits in West Palm?
On Behalf of Rosenthal, Levy, Simon & Sosa | March 7, 2022 | Workers' Compensation
Yes. Aside from paying workers’ compensation benefits to qualified workers, Florida workers’ comp laws provide that eligible survivors of employees who have been killed due to a work-related illness or injury must receive death benefits. The amount of benefits you can receive following the death of your spouse will depend on various factors.
How Workers’ Comp Death Benefits Work in Florida
The workers’ comp insurance provider of your employer must pay death benefits to you and/or other qualified dependents if your spouse’s death happens within a year of your spouse’s injury date at work or within five years of continuous disability associated with your spouse’s occupational injury or illness. You may receive up to $150,000, which covers:
- Weekly payments to all qualified survivors
- Funeral costs up to $7,500
- Educational benefits for you
The weekly payments made to dependents will be based on a percentage of your deceased spouse’s wages before they got injured or fell ill. Dependents will be paid in order or preference, such that:
- The spouse – If you have no children, you will be paid 50% of your deceased spouse’s weekly wage.
- The spouse and dependent children – You will receive 50% of your deceased spouse’s weekly wage, and your children will receive 16 2/3%.
- The children – If the deceased worker didn’t have a spouse, each child would receive 33.3% of the deceased worker’s weekly wages until they reach 18 or 22 if they go to school full-time. Children who can’t earn a living due to a mental or physical disability will continue receiving benefits until the maximum amount for death benefits, which is $150,000, is reached.
- The parents of the deceased worker – If the parents are considered dependents, they will each get 25% of the worker’s weekly wages until the maximum amount is reached or the dependency continues.
Talk to a Skilled West Palm Beach Workers’ Compensation Attorney
If your loved one was killed in a fatal accident at work or due to a fatal occupational illness, we encourage you to reach out to the law firm of Rosenthal, Levy, Simon & Sosa. While nothing can ever bring your loved one back, you may have options to ease the financial burden that you’ll inevitably face due to your loved one’s death.
Our skilled and compassionate West Palm Beach workers’ compensation attorneys can review your rights and other legal options. Call 561-478-2500 or contact us online to set up your free consultation.