The workers’ compensation system also contains some glaring deficiencies. Chief among them are the carrier’s control over the selection of medical providers and the severely limited amount of compensation available for death benefits.

In liability cases, death benefits are governed by Florida’s Wrongful Death Act. Damages are recoverable for loss of the decedent’s companionship and protection, lost parental companionship, instruction, and guidance, for mental pain and suffering, loss of net accumulations such as future wages. These damages can amount to millions of dollars to the decedant’s survivors. None of these damages are recoverable through Florida’s workers’ compensation system.

Death benefits under Florida’s workers’ compensation system are governed by section 440.16, Florida Statutes. The statute limits compensation to $7,500 in funeral expenses and $150,000 in total periodic payments to the surviving spouse and dependent children. Importantly, that $150,000 is a single aggregate cap — not $150,000 per person.

Some death cases involve both liability and workers’ compensation components. That is the situation in a matter our firm was recently engaged to handle. The decedent, a 29‑year‑old man, was one of three individuals who tragically drowned when the airboat they were riding in capsized and sank while on a work assignment. An investigation is underway to determine whether the airboat was negligently operated by a third‑party entity that is not protected by workers’ compensation immunity. If the airboat was negligently operated and the third‑party carries liability insurance, the decedent’s wife and young children may be able to pursue wrongful‑death damages in addition to the limited benefits available under workers’ compensation.

Unfortunately, most worksite accidents do not implicate third-party liability.

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Contact us today at (305) 758-4900 or by email for a free consultation to learn your legal rights. If we accept your case, we will represent you on a contingency fee basis — meaning you pay no upfront costs. Our fee is collected only if we obtain a favorable recovery on your behalf. If there is no recovery, you owe nothing.

Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.

DISCLAIMER: This information provided by Jeffrey P. Gale, P.A. is for informational purposes only and is intended to be used as a non-legal guide prior to consultation with an attorney familiar with your specific legal situation. It should not be considered legal advice or counseling. No such legal advice or counseling is either expressly or impliedly intended. This information is not a substitute for the advice or counsel of an attorney. If you require legal advice, you should seek the services of an attorney.

Our firm is always grateful for the many cases we receive through referrals from fellow attorneys, and we routinely pay referral fees to our referring counsel in accordance with applicable ethical rules.