Schrier Law Group logo
Our Law Firm is
Celebrating 36 Years!
Spain Flag
Russia Flag
Creole Flag
Call Us For A Free Evaluation

Workers Comp Death Benefits & Wrongful Death Lawsuits: What’s The Difference


new foundation at a construction site for a luxury condominium in florida that was shut down after a worker died

Wrongful deaths can be very disheartening and a big blow for families to accept. Our attorneys have been of great help to many wounded victims. We represent these victims and ensure they get the reparations they deserve. 

Sadly, most of these wounded employees don’t remain alive to enjoy the comp benefits. They mostly pass away from the injuries sustained or through infections and diseases. There was a record of 309 fatal work injuries in 2016.

In cases of such unfortunate events, the deceased worker’s family becomes eligible to file for death benefits. The benefit is more or less compensation to the family of the deceased for the effect of the death. 

You must remember that automatically receiving the compensation disqualifies you from filing a lawsuit for an injury or death. However, you can still file a wrongful death lawsuit with a wrongful death attorney.

To this end, it is only advisable you get only the best wrongful death attorney. Since the case’s outcome can never be predicted, having a competent attorney will put you on the right track. 

The benefits of workers comp death in Florida are not so significant. As a result, a third-party wrongful death case might somewhat increase your compensation. Only a reasonable wrongful death attorney knows when to implement this option.

Workers Comp Death Benefits

If your spouse, family, or friends dies from an accident on a job or an occupational disease, you are entitled to recover the death benefits of that individual. The Workers Comp Death Benefits is the total amount you are entitled to. The compensation consists of

  • Burial and funeral expenses.
  • Educational benefits to their spouse.
  • Weekly payments to the beneficiary of the compensation.

Generally, the beneficiary is entitled to a weekly payment. However, there is a statutory benchmark on the amount you can claim as compensation. For instance, the compensation for the burial and funeral expenses is not more than $7,500, and the overall payment cannot exceed $150,000.

Workers’ Comp Death Benefits Vs. Wrongful Death Lawsuits?

There is just one significant outstanding difference between these two entities. The difference here is the employer’s liability. The family of a deceased employee is entitled to the benefits without evincing liability for the death. This is so because Florida is a no-fault workers’ state.

Furthermore, they don’t have to present any evidence of negligence of the deceased employee. Though, the State sets some exceptions in such situations. For instance, an event where the deceased inflicted the injury upon themselves is one of the exceptions. 

On the contrary, if the work comp case advances to a wrongful death lawsuit, you must provide liability.

A wrongful death lawsuit occurs when the deceased employee’s family believes that the employer’s gross negligence is the sole cause of the death of their relative or when the employer refuses the work comp benefits. 

Liability is also applicable to all the parties whose carelessness might have been the cause of death. To this end, you can file a wrongful death case against the following parties:

  • Property Owners
    Property owners, controllers, or agents are responsible for implementing measures to guarantee safety around their property. When they don’t do this, and as a result, an employee’s life is lost, they are liable.
  • Product Manufacturer 
    It is the responsibility of every manufacturer not to produce faulty or inefficient equipment. This equipment includes but is not limited to heavy machines, small tools, and even vehicles. To this end, if an employee dies operating such equipment, the manufacturer becomes liable.
  • Reckless Drivers 
    Drivers must be careful to ensure their and other drivers’ safety. However, we don’t see such drivers anymore. If the death of an employee is the fault of reckless driving, then the family of the deceased can charge the driver as a negligent third party.
    Contractors and government entities can also be liable as a negligent third party in a wrongful death lawsuit.

Can I File a Wrongful Death Lawsuit?

Not everyone in the State of Florida can file a wrongful death lawsuit. Only the personal representatives or survivors of the dead employee are eligible to file a lawsuit against the party at fault. The following are eligible to file a wrongful death lawsuit.

  • The surviving spouse.
  • The children.
  • Parents.
  • Other financial dependents.

Statute of Limitations for Florida Wrongful Death Claims

Workers comp benefits and wrongful death claims don’t share the same statutory periods. Instead, wrongful death claims follow the statute of limitations. Beneficiaries must wait two years after the victim’s death to file for the benefits. You must be particular about the deadline because missing the deadline may nullify the compensation. Lastly, wrongful death lawsuits offer a more substantial compensation than workers comp death benefits provide. The claims of wrongful death include:

  • Medical bills.
  • Transportation cost.
  • Loss of companionship.
  • Funeral expenses.
  • Pain and suffering.
  • Punitive damages.
  • Inability to earn.

Final Take

Did you lose a family or friend from a disease or accident at their workplace, or did they die on-site? You may be entitled to workers comp death benefits or wrongful death claims. However, you must hire a worthy and competent wrongful death attorney. Contact Schrier Law Group today to schedule your free initial consultation.

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).


My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello


The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez


The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford


Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean


I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos


The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K


Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski


Was a wonderful experience getting through a tough process!

Edward Pawley


Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez


Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli


Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen


The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis


Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean


Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez


I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler


I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson


Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran


Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz


This is one of the best law office in Miami come in and check them out great people

Rowdy Martinez


Best attorney in South Florida

Fefe Alex


Schrier Law Group is the best.

Chatrice Telfort


Great job! I loved working with Paul.