Death Benefits Attorney in Vero Beach, Florida

Losing someone suddenly due to a workplace incident is a tragedy no one should have to endure. On top of the grief, financial worries add an overwhelming burden to an already difficult situation.

In Florida, families dealing with such a loss might find some monetary support through workers’ compensation death benefits. These benefits are designed to offer financial assistance and some peace of mind during your time of grief. Understanding how to properly file a death benefits claim is essential to ensure your family receives the support you’re entitled to. 

For those looking for relief through a workers' comp death claim in Florida, my firm, the Law Office of Olivia Devonmille, P.A., stands ready to offer compassionate and detailed legal assistance. I extend my services to those in Vero Beach, Indian River County, and throughout neighboring counties in Florida, providing knowledgeable guidance to families in need.

Overview of Florida’s Workers’ Compensation Benefits

Florida mandates that most employers carry workers’ compensation insurance, which not only covers employees for job-related injuries and illnesses but also provides benefits to families who lose a loved one due to workplace accidents.  

Workers’ compensation benefits available in Florida may include: 

• Medical costs incurred before the deceased's passing 

• Lost wages that the deceased would have earned 

• Death benefits, including funeral expenses and compensation to dependents 

What Death Benefits Are Available?

If a work-related death occurs within one year of the date of the accident or five years of continuous disability, death benefits may be due and payable up to a maximum of $150,000. Based on the needs of the family, benefits can include: 

• Funeral Expenses: Up to a set amount for burial and funeral expenses ($7,500 cap) 

• Dependency Benefits: A percentage of the deceased's wages paid to eligible dependents 

• Educational Benefits: The deceased worker's spouse may be eligible for educational or training benefits 

Who Is Eligible to Receive Death Benefits?

Not every family member is eligible for death benefits in Florida, and eligibility is based on the relationship to the deceased and financial dependency. Potential beneficiaries might be: 

• The surviving spouse 

• Children under the age of 18, or 25 if enrolled as a full-time student, or any age if the child has certain disabilities 

• Dependent parents or siblings under specific circumstances 

Calculating Death Benefits in Florida

The calculation of death benefits varies based on the beneficiary's relationship with the deceased and the financial dependence on the deceased's earnings. For instance: 

• Spouses may receive 50% of the deceased's average weekly wage, plus an additional 16.67% if there are dependent children. 

• Dependent children and other eligible family members can receive a portion of the benefits based on their level of dependency. 

• Funeral expenses reimbursement is available up to $7,500. 

Filing a Claim for Death Benefits

In Florida, the death benefits claim usually needs to be filed within two years of the death. The process requires strong attention to detail and the submission of specific forms, which might include the following: 

• A claim for compensation 

• Death certificate or medical records pertaining to the death 

• Proof of dependency for beneficiaries 

As your death benefits attorney, my role is to simplify this process, ensuring that every necessary document is accurately completed and submitted within the appropriate deadlines. I will meticulously review your case and gather all the necessary evidence, such as medical records and proof of dependency, to build a strong claim on your behalf.  

Furthermore, I engage directly with insurance companies, handling all communications. My aim is to secure the maximum death benefits to which you are entitled, providing you with the financial support needed during this challenging time. Allow me to guide you through each step, offering the compassionate and comprehensive legal support you deserve. 

Challenging a Denial of Death Benefits in Florida

If your claim is denied, you have the right to appeal the decision. The appeals process includes submitting a petition for benefits with the Florida Office of Judges of Compensation Claims, providing evidence to support your case, and potentially participating in a mediation session or hearing where you can present your arguments and seek a fair resolution.

Remember to gather all relevant documentation and prepare your case thoroughly to increase your chances of a successful appeal.  

At the Law Office of Olivia Devonmille, P.A., I have extensive experience with the appeals process and am intimately familiar with the ins and outs of the Florida workers' compensation system. I will thoroughly review the reasons for the denial of your claim, identifying any possible oversights or areas where additional evidence could strengthen your case. I will prepare a detailed petition for benefits and assemble a comprehensive evidence package, including medical records, proof of dependency, and any other documentation that supports your appeal.  

During mediation sessions or hearings, I can represent you, present your case, and advocate on your behalf. My goal is to overturn the denial and secure the death benefits you rightfully deserve.