Fighting a Denied Death Benefits Claim After a Fatal Workplace Accident in Tampa

Families who have lost loved ones to fatal workplace accidents in Tampa face enormous psychological pressures. A denied death benefits claim can make this situation even worse, and you might be unsure of how to proceed if you find yourself in this situation. Death benefits can be vital after a workplace fatality, providing for funeral costs, outstanding medical bills, and the loss of a wage-earner. Can a Tampa workers’ compensation lawyer help you fight for death benefits?

What Are Death Benefits in Florida? 

Death benefits provide financial support for families who have lost loved ones to fatal workplace accidents in Florida. These benefits fall under the workers’ compensation system, a no-fault insurance scheme that covers most employees in the Sunshine State. If your loved one passed away, you may be eligible to pursue death benefits.

These benefits include funeral costs up to a certain amount. You can also pursue compensation for the income your loved one would have earned throughout their life. According to MyFloridaCFO, the maximum payout a family can receive is $150,000. Although this might seem meaningless after losing your loved one, it is certainly better than nothing – and it is certainly worth fighting for.

What Happens After a Denied Death Benefits Claim in Florida? 

If your death benefits claim was denied by the workers’ compensation board, you have a number of options. The first step is to determine why your claim was denied – and the workers’ compensation should provide a clear, valid reason in writing. You might want to review your denial letter alongside an experienced workers’ compensation lawyer.

Workers’ compensation claims may be denied for various reasons. Perhaps your employer believes that your loved one was heavily intoxicated at the time of their accident. Perhaps they allege that the victim was engaging in horseplay. Whatever the case may be, your lawyer can help push back against these allegations.

You might also want to consider whether your loved one was misclassified as an independent contractor. This is a major employment violation, and it can lead to an accepted claim even if you were denied at first.

You have the right to appeal your denied claim, and you can take your appeal all the way to the highest courts. You may also have the right to file a wrongful death lawsuit under certain circumstances. Discuss this option with a lawyer, as it could provide additional compensation.

Can a Tampa Workers’ Compensation Lawyer Help Me Get Death Benefits? 

A Tampa workers’ compensation lawyer may be able to help you get death benefits – even if your claim has already been denied. Denied claims are relatively common, and you may still have the right to receive various benefits under the workers’ compensation program. Do not give up hope until you have spoken with an experienced lawyer. Contact The Franco Law Firm today to learn more about your options.

Sources:

 myfloridacfo.com/division/wc/employee/benefits-available-to-injured-workers

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.16.html