Under Florida Law, if a death arises from an accident that occurred in the course of the employee's employment with an employer who is covered by the Florida Workers’ Compensation Law, the decedent’s survivors are usually limited to those remedies available under the governing statute. The Worker’s Compensation Act provides that the employer’s liability is exclusive and the employer has no additional liability to any third party tortfeasor, to the employee, the employee’s personal representative, statutory survivors, or to any other person entitled to recover damages at law or in admiralty for the decedent’s death. Generally, the employer is exempt from an action at law or in admiralty damages resulting from the death of an employee. To be considered within the Act’s coverage, an injury or death must result from an injury that occurred in the course of the employee’s employment and in furtherance of the employer’s business.

Additionally under the Act, a person must be a statutory beneficiary and a dependent of the decedent to be eligible to receive compensation for the death of an employee injured within the scope of the Act. Pursuant to section 440.16 of the Workers’ Compensation Act, statutory beneficiaries must be dependents of the decedent. The Act includes the following people as statutory beneficiaries as long as they can prove dependency on the decedent: the surviving spouse who has not remarried; the employee’s child or children; the parents of the decedent, but they are only entitled to death benefits during the continuance of the dependency; the siblings; and the grandchildren.

Therefore, if your loved one died as a result of an injury that occurred in the course of his or her employment you need an experienced attorney to answer your questions and assist you in your recovery. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.