Legal Question in Workers Comp in Florida
If an individual was driving to a bussiness meeting and he or she were driving a borrowed or company car and were killed in route to the meeting what would the widow be entitled to. Two different scenarios, 1. it was a company car ,or 2. it was the bosses vehicle, not registered to the company. I understand WC compensation and that investigation is complete. The widow is left with 2 children under 5 yrs old. The investigation stated the driver was considered"on the clock" and there was nothing suspicious in the accident and toxicology, accident was considered driver error.
2 Answers from Attorneys
The type of benefits are as follows: funeral costs and death benefits paid out weekly until a cap of $150,000.00 is reached. The amount per week depends upon the wages the deceased earned.
Under Florida�s Workers� Compensation Law the employer/carrier must pay actual funeral expenses not exceeding $7,500. The employer/carrier is required to pay the funeral expenses within 14 days of receiving the bill. In addition, Florida�s Workers� Compensation Law requires the employer/carrier to pay a percentage of the average weekly wages of the deceased worker. The amount is capped at a total $150,000.
The amount in which surviving dependents are entitled is as follows:
If the worker was married, but did not have children, the spouse should receive 50% of the average weekly salary.
If the worker was married with children, the amount that must be paid includes 50% of the average weekly salary to the spouse and an additional 16 2/3% to the children.
If the worker was not married, but had children, each child will receive 33 1/3% of the average weekly salary.
The worker�s parents may receive 25% paid to each, during the continuance of dependency.
Each dependent brother, sister and grandchild is entitled to 15% of the average weekly salary.
David Alan Karas, Esq.
T. 561.573.5822
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