Death Benefits

Florida’s Workers Compensation Law provides death benefits to the surviving spouse and/or dependents of workers who died in a work-related accident. Under Florida Worker’s Compensation law, if a work-related death occurs within one (1) year of the date of accident or five (5) years of continuous disability, the following benefits may be due and payable up to a maximum total of $150,000:

  • Up to $7,500.00 in funeral expenses (employer must pay the funeral expenses within fourteen (14) days of receiving the bill);
  • Compensation to dependents, as required under Florida statutes; and
  • Educational benefits to the surviving spouse.

Florida law requires employers to pay the deceased worker’s dependents a percentage of the worker’s average weekly wages, or AWW. Dependents or the deceased worker are often the spouse, children, parents, siblings and grandchildren left behind. The percentage of death benefits paid depends on the particular family relationship of the dependent, whether a spouse, child, parent or sibling. The workers compensation laws determining the amount of the benefits and the percentage of recovery to each recipient depend on the specific situation. The attorneys at LeavenLaw will take the time to sit down with you to explain to you these law and how they would apply in your case. Please see Florida Statutes Section 440.16 for more information regarding your potential death benefit rights.