Construction work is notoriously dangerous, and workers face a myriad of safety risks every day. If a worker is fatally injured, their family deserves compensation, and they may have several legal options to explore with a lawyer.

Workers’ Compensation applies even if employees are killed. Construction workers and contractors are legally classified as employees in Florida and should be covered by Workers’ Comp insurance. A lawsuit may be an option, but Workers’ Compensation laws make it difficult to sue employers. However, you may file a wrongful death claim against third parties you believe are responsible for the fatal accident.

For a free, private case review from our lawyers for construction deaths, call the Graves Injury Law Firm at (305) 614-2767.

Filing a Workers’ Compensation Claim After a Loved One’s Construction Death

Workers’ Compensation covers most employees in Florida, including construction workers. These claims survive after an employee dies in a work-related accident, and family members may file a claim for benefits.

Does Workers’ Compensation Cover Construction Workers?

Construction workers and contractors are legally classified as employees under Florida law, and you should be able to file Workers’ Comp claims through their employer.

Filing a Claim Involving Death

Workers’ Compensation covers fatal accidents, and surviving family members may file claims on behalf of their deceased loved ones. The key is that your loved one’s death must occur within 1 year of the date of the construction accident. If they passed away after that, Workers’ Comp may not cover the claim.

Filing a Claim with the Bureau of Employee Assistance and Ombudsman

If your initial claim with your deceased loved one’s employer and their insurance company is denied, you may file a formal claim with the Bureau of Employee Assistance and Ombudsman (EAO). You have 2 years from the date of death to file a claim with the EAO.

The EAO may conduct a formal hearing on your claim, and a Judge of Compensation Claims (JCC) may decide whether your claim should have been approved.

Workers’ Compensation Benefits for Surviving Family

Families may claim up to $7,500 for funeral and burial costs. They may also claim compensation for lost financial support and income, but this is capped at $150,000.

Surviving spouses may claim benefits for the cost of education or job training at approve career centers or community colleges.

Can You Sue if Your Loved One Dies in a Construction Accident in Hialeah?

You may file a wrongful death lawsuit after losing a loved one, but Workers’ Compensation laws in Florida may restrict who you can sue.

Workers’ Compensation Restrictions on Lawsuits

When Workers’ Compensation covers an employee, they are prohibited from suing their employer for a work-related accident. This applies to cases where an employee passes away because of work-related injuries.

When You May Sue Your Loved One’s Employer

First, Florida law allows injured employees, or their families in cases of death, to sue employers if the employer does not carry Workers’ Comp insurance. In Florida, employers in the construction field who employ at least one person must carry this insurance.

Second, you may sue your loved one’s employer if our attorneys for construction deaths have evidence that the accident and your loved one’s death were the result of an intentional tort.

Suing Third Parties

You are not restricted from suing third parties, and you may do so freely, regardless of whether you file a Workers’ Compensation claim for the death of your loved one in a construction accident.

Third parties include defendants outside the employer-employee relationship, such as…

  • Customers or clients
  • Trespassers on the construction site
  • Property owners
  • Manufacturers of defective tools and machinery
  • Manufacturers of defective protective gear.

Should You Sue After a Loved One’s Death in a Construction Accident?

Whether you should sue is a decision you and your family should make after consulting with an attorney.

Your Ability to Sue

You might be interested in suing your loved one’s employer, but can you get around Florida’s Workers’ Comp laws? If the employer has Workers’ Comp insurance, and there is no evidence of an intentional tort, you cannot sue them.

Even if you can sue, you might not have much of a case if we learn that your loved one is responsible for the accident that left them fatally injured. Workers’ Compensation, on the other hand, is awarded on a no-fault basis.

Compensation in a Lawsuit

In a lawsuit, you may claim extensive non-economic damages for your family’s pain and suffering after your loved one’s construction-related death. These damages are unavailable through Workers’ Compensation.

Additionally, survivor benefits in a lawsuit are not capped, while Workers’ Comp caps benefits at $150,000.

FAQs About How to Get Financial Compensation for a Construction-Related Death

Is Workers’ Compensation Available in Construction Accidents Involving Death?

Yes. Construction workers are classified as covered employees for Workers’ Compensation purposes in Florida, and claims extend to cases involving death. Surviving family members may file Workers’ Comp claims after the loss of a loved one.

Can Family Members Sue for the Death of a Loved One in a Construction Accident?

Possibly. If the deceased employee is covered by their employer’s Workers’ Comp insurance, the family cannot sue the employer unless they can prove the fatal accident is the result of an intentional tort.

However, families may sue third parties without facing these restrictions.

Is Compensation for a Construction-Related Death Different in a Lawsuit and a Workers’ Compensation Claim?

Yes. Compensation in a lawsuit tends to be greater, and more damages are usually available. For example, non-economic damages for pain and suffering are unavailable in a Workers’ Comp claim, but they are available in a lawsuit. In fact, a lawsuit may be the only way for families to recover these kinds of damages.

Also, the caps in Workers’ Compensation claims do not apply in lawsuits.

What Evidence Should Families Have to Support Claims for the Construction Death of a Loved One?

Evidence will vary from case to case and often depends on the specific nature of the claims. If you sue your deceased loved one’s employer, we need evidence that they do not have Workers’ Comp insurance or evidence of an intentional tort.

When suing third parties, we need evidence of their negligence and of how it directly caused the fatal accident. Common evidence includes witness testimony, security camera footage, and safety reports about the construction site.

Ask Our Hialeah Lawyers for Construction Deaths to Review Your Legal Claims

For a free, confidential case assessment from our attorneys for construction deaths, call the Graves Injury Law Firm at (305) 614-2767.