By their nature, workers’ compensation claims seem to describe cases where an injured worker receives financial assistance to cover the costs associated with their injury. Sadly, for many of the clients that come to see us here at Hilado Law, PLLC, their situations are much worse than that.

If one of your loved ones recently died in a work-related accident, you may worry that their absence means no financial aid to help compensate for their loss. However, officials extend the reach of workers’ compensation when those subject to claims die.

Death benefits following your loved one’s death

The details describing Florida’s workers’ compensation death benefits are in Section 440.16 of the state’s statutes. Your entitlement depends on the relationship you shared with the decedent. If they were your spouse, you receive at least 50% of their average weekly wage as compensation. That amount increases to 66.67% if you have minor children. You may also receive money to pay for your continued education or vocational training as part of the death benefit. If you remarry, then the workers’ compensation provider may pay you a single lump-sum payment equal to 50% of your deceased spouse’s weekly wage for a projected period of 26 months.

If you shared another type of relationship with the deceased (and they were not married), the access to their death benefits (and the amount allotted to each beneficiary) breaks down as follows:

  • To children (33.3% for each child
  • To parents (25% for each)
  • To siblings or grandchildren (15% for each)

Additional workers’ comp death benefits

In addition, if and when a work accident kills your loved, you may receive $7,500 to help cover their funeral expenses. You can find more information about workers’ compensation benefits by continuing to explore our site.