Death in the Workplace

If death occurs while the decedent was on the job, the right to sue may change. Under Florida's Workers' Compensation Act, an employee who elects to take workers' compensation does not have a right to sue his or her employer for injuries in the workplace. Fla. Stat. § 440.11. If a person's death on the job was due to the negligent actions of a third party, however, the workers' compensation statute allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for workers' compensation through his or her employer. Fla. Stat. § 440.11. Contact an experienced wrongful death attorney at to discuss the details of your wrongful death case.


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