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Do You Know the Rule? Fla. Death from Occupational Disease

07 Feb, 2023 Frank Ferreri

                               

Tallahassee, FL (WorkersCompensation.com) -- In Florida, the survivors of a worker who dies from an occuptional disease may be entitled to workers' compensation benefits.

Here's a look at the rule and how it works in the Sunshine State.

When Death Must Occur

In occupational disease cases, death must occur within 350 weeks after last exposure.

Relationships

No compensation for death from an occupational disease is payable to any person whose relationship to the deceased, arose subsequent to the beginning of the first compensable disability, except afterborn children of a marriage existing at the beginning of the disability. 

Notable Case

In Keene Corp. v. Bahl, 476 So. 2d 789 (Fla. Dist. Ct. App. 1985), weighed on what "last exposure" meant for legal purposes. According to the Bahl case, which involved a worker who developed pleural mesothelioma after years of exposure to asbestos particles on the job, even though the worker had worked around asbestos for 13 years prior to his employment at the employer at issue, he was "last injuriously exposed" to asbestos during his time with the employer. Thus, the worker's exposure during his prior employment provided the employer with no defense to the claim.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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