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Change Needed in Wrongful Death Benefits | Wrongful Death Lawyer | Florida

"More than 15 people a day die in workplace accidents" but findings from a study by the AFL-CIO, using OSHA data, report the average fine for deadly violations is only $11,300 for the employer. California Representative, Lynn Woolsey says this is "shockingly low." She's proposing the fine be increased to up to $250,000. This fine is the money an employer pays for an employee's death, caused by the employer's violation of an OSHA requirement.

According to the present law, Peg Seminario, the union's director of safety and health, "fish, horses, and wild burros have stronger protections from harm than workers.......that needs to change."

The fine the congresswoman is talking about doesn't directly affect the employee or their family. It operates as an incentive for an employer to meet OSHA requirements. In Florida, if an employee died on the job, the family may be prohibited from suing the employer for wrongful death because the employer typically has Work Comp immunity. This means, in most situations, if the employee is covered by Comp, he can not bring a negligence claim against his employer---even if death resulted.

The benefits under Florida's Workers Compensation claim are also shockingly low and should be increased by the legislature!

In most situations where an employee died on the job, they are unable to bring a wrongful death claim. Whenever a death is involved, you should always consult with a Florida Wrongful Death lawyer.

Labels: causing death died on the job Florida Wrongful Death Lawyer negligence claim suing employer for wrongful death workplace accident wrongful death claim

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