On Behalf of Rosenthal, Levy, Simon & Sosa | November 15, 2024 | Workers' Compensation
In Florida, including West Palm Beach, workers' compensation provides death benefits to families when a worker dies due to a job-related injury.
These benefits can include help with funeral expenses, income replacement, and education support for surviving loved ones. Eligible family members typically include spouses, children, and other dependents.
If you or a loved one has suffered a work-related death, a workers' compensation attorney in West Palm Beach can help your family get the benefits they deserve.
Understanding Workers' Compensation Death Benefits
Florida has workers' compensation laws that help workers who get hurt on the job. But they also help families when a worker dies because of their job. These are called death benefits.
Who Can Get Death Benefits?
Not everyone in your family can get these benefits. In West Palm Beach, the people who can usually get them are:
- Your husband or wife
- Your children, if they're under 18 or up to age 22 if they're in school full-time
- Your parents, if you were supporting them
- Your brothers and sisters, if you were supporting them
What Kind of Benefits Can Your Family Get?
If you die because of a work injury in West Palm Beach, your family might get money to help pay for the funeral (up to $7,500), money to replace part of your income, and benefits to help support your spouse’s education and career. The amount of money depends on things like how much you are earning and how many people in your family can get benefits.
In Florida, death benefits don't last forever. They usually stop after 10 years, or when your family has gotten $150,000, whichever comes first. But there are some exceptions, like for spouses who can't work or children with disabilities.
How to Apply for Death Benefits in West Palm Beach
To get these benefits, your family needs to:
- Report the death to the employer
- File a claim with the workers' compensation insurance company
- Provide proof that the death was because of the job
What If Death Wasn't Immediate?
Sometimes, a work injury doesn't cause death right away. In Florida, your family can still get benefits if a worker dies within 1 year of the accident or 5 years of continuous disability.
Can Your Family Sue an Employer?
Usually, if an employer has workers' compensation insurance, your family can't sue them. But there are some exceptions:
- If the employer hurt the worker on purpose
- If the employer doesn't have insurance when they're supposed to
- If someone else (not the employer) caused the death due to negligence
In these cases, your family might be able to sue. This could mean more money to help them.
Other Benefits Your Family Might Get
Besides workers' compensation, your family might be able to get Social Security survivor benefits, life insurance (if there was a policy), veterans benefits (if they were in the military), and more. These can help your family even more.
How a West Palm Beach Workers Compensation Lawyer Can Help
Losing a loved one in a work-related accident is difficult, and you shouldn’t have to handle it alone. Rosenthal, Levy, Simon & Sosa Attorneys at Law will help your family apply for benefits, ensure you get what you deserve, and fight for you if the insurance company denies your claim.
Call us at 561-478-2500 or contact us online for a free case review. Let us support you through this challenging time and secure your family’s future.