The loss of a loved one due to a work-related accident is a heartbreaking experience, especially when their death might have been preventable. In Florida, the family of a deceased worker might have legal options to seek compensation through a wrongful death claim. However, the process involves understanding state-specific laws, workers' compensation limitations, and employer liability. This article provides an overview of wrongful death claims stemming from work-related accidents in Florida and what surviving family members need to know to pursue justice.

Workers' Compensation vs. Wrongful Death Claims

Florida law generally requires employers to carry workers' compensation insurance, which provides limited benefits to the families of deceased employees. These benefits include funeral expenses (up to $7,500) and death benefits capped at $150,000 for dependents. However, workers' compensation typically shields employers from being sued for wrongful death, even in cases of negligence.

A wrongful death claim may still be pursued if:

• A third party contributed to the accident, such as a subcontractor, equipment manufacturer, or property owner.
• The employer's actions constituted gross negligence or intentional harm, surpassing the protections afforded under workers' compensation.

Understanding Wrongful Death Claims in Florida

Florida's wrongful death statute is governed by Florida Statutes §768.16-768.26, which allows survivors of a deceased person to go after compensation when the death was caused by the negligence, recklessness, or wrongful act of another person. In the context of workplace accidents, this means that if a third party or, in rare cases, an employer's gross negligence contributed to the worker's death, a wrongful death claim may be filed.

Key elements required to prove wrongful death include:

• Duty of Care: Establishing that the defendant owed the deceased a duty of care.
• Breach of Duty: Demonstrating that the defendant violated this duty, such as through negligence or intentional harm.
• Causation: Proving the breach directly caused the worker's death.
• Damages: Showing quantifiable losses resulting from the death.

Common Scenarios Leading to Wrongful Death Claims

Work-related accidents that could give rise to wrongful death claims often involve a variety of industries and circumstances, including:

• Construction Site Accidents: Falls from heights, machinery malfunctions, or being struck by objects.
• Transportation Accidents: Fatal injuries sustained while driving or operating heavy vehicles.
• Defective Equipment: Faulty tools or machinery manufactured by third parties.
• Toxic Exposure: Long-term exposure to hazardous substances or chemicals.
• Premises Liability: Dangerous conditions on a job site that were not properly addressed.

Who Can File a Wrongful Death Claim in Florida?

Florida law states that only the personal representative of the deceased person's estate may file a wrongful death lawsuit on behalf of the family. The representative acts as a legal advocate for the surviving beneficiaries, including:

• Spouse
• Children (including minors and, in some cases, adult children if they were financially dependent)
• Parents
• Other blood relatives or adoptive siblings who were financially dependent on the deceased

Damages Available in a Wrongful Death Claim

In a Florida wrongful death lawsuit, families can look for compensation across various types of damages, including:

1. Economic Damages:
   • Loss of financial support and future earnings
   • Medical expenses incurred before the death
   • Funeral and burial costs
2. Non-Economic Damages:
   • Loss of companionship, guidance, and protection for the spouse and children
   • Mental and emotional pain and suffering
   • Loss of parental guidance for minor children
3. Punitive Damages:
   • Awarded in cases of gross negligence or intentional misconduct to punish the defendant and deter similar behavior.

Steps to Take After a Work-Related Fatality

Families seeking justice after a work-related death should take these steps:

• Contact a Personal Injury Attorney: Navigating wrongful death laws can be complex, especially when workers' compensation laws limit liability.
• Preserve Evidence: Collect documentation such as incident reports, witness statements, medical records, and any correspondence with the employer or third parties.
• Identify Liable Parties: Determine if a third party, such as a contractor or equipment manufacturer, shares responsibility for the death.
• File Within the Statute of Limitations: In Florida, the statute of limitations for wrongful death lawsuits is two years from the date of death.

Challenges Families May Face

While wrongful death claims offer a path to justice, families often encounter significant legal hurdles, including:

• Proving Gross Negligence: Demonstrating that an employer's actions rose to the level of gross negligence is often difficult.
• Determining Third-Party Liability: Identifying and holding third parties accountable requires thorough investigation and legal expertise.
• Complex Compensation Laws: The interplay between workers' compensation benefits and wrongful death claims can complicate the entire process.

Statistics Highlighting the Scope of the Issue

Workplace fatalities are an ongoing concern in Florida. According to the Bureau of Labor Statistics (BLS), there were 315 fatal work injuries in Florida in 2022, with construction and transportation accounting for the largest share. Nationally, falls, slips, and trips caused 16% of workplace deaths, while transportation incidents accounted for 40%. These figures underscore the dangers faced by employees and the importance of legal recourse for families left behind.

Conclusion

While Florida's workers' compensation laws provide limited benefits for families of deceased workers, a wrongful death claim may offer a more comprehensive path to justice when negligence or third-party liability is involved. Families facing this tragic situation should consult an experienced wrongful death attorney to explore their options, understand their rights, and build a compelling case. By doing so, they can secure the financial support and closure needed to move forward after such an unimaginable loss.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.