Florida Statute 440.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.16

440.16 Compensation for death.—

(1) If death results from the accident within 1 year thereafter or follows continuous disability and results from the accident within 5 years thereafter, the employer shall pay:

(a) Within 14 days after receiving the bill, actual funeral expenses not to exceed $7,500.

(b) Compensation, in addition to the above, in the following percentages of the average weekly wages to the following persons entitled thereto on account of dependency upon the deceased, and in the following order of preference, subject to the limitation provided in subparagraph 2., but such compensation shall be subject to the limits provided in s. 440.12(2), shall not exceed $150,000, and may be less than, but shall not exceed, for all dependents or persons entitled to compensation, 662/3 or 66.67 percent of the average wage:

1. To the spouse, if there is no child, 50 percent of the average weekly wage, such compensation to cease upon the spouse’s death.

2. To the spouse, if there is a child or children, the compensation payable under subparagraph 1. and, in addition, 162/3 percent on account of the child or children. However, when the deceased is survived by a spouse and also a child or children, whether such child or children are the product of the union existing at the time of death or of a former marriage or marriages, the judge of compensation claims may provide for the payment of compensation in such manner as may appear to the judge of compensation claims just and proper and for the best interests of the respective parties and, in so doing, may provide for the entire compensation to be paid exclusively to the child or children; and, in the case of death of such spouse, 331/3 percent for each child. However, upon the surviving spouse’s remarriage, the spouse shall be entitled to a lump-sum payment equal to 26 weeks of compensation at the rate of 50 percent of the average weekly wage as provided in s. 440.12(2), unless the $150,000 limit provided in this paragraph is exceeded, in which case the surviving spouse shall receive a lump-sum payment equal to the remaining available benefits in lieu of any further indemnity benefits. In no case shall a surviving spouse’s acceptance of a lump-sum payment affect payment of death benefits to other dependents.

3. To the child or children, if there is no spouse, 331/3 percent for each child.

4. To the parents, 25 percent to each, such compensation to be paid during the continuance of dependency.

5. To the brothers, sisters, and grandchildren, 15 percent for each brother, sister, or grandchild.

(c) To the surviving spouse, payment of postsecondary student fees for instruction at any career center established under s. 1001.44 for up to 1,800 classroom hours or payment of student fees at any community college established under part III of chapter 1004 for up to 80 semester hours. The spouse of a deceased state employee shall be entitled to a full waiver of such fees as provided in ss. 1009.22 and 1009.23 in lieu of the payment of such fees. The benefits provided for in this paragraph shall be in addition to other benefits provided for in this section and shall terminate 7 years after the death of the deceased employee, or when the total payment in eligible compensation under paragraph (b) has been received. To qualify for the educational benefit under this paragraph, the spouse shall be required to meet and maintain the regular admission requirements of, and be registered at, such career center or community college, and make satisfactory academic progress as defined by the educational institution in which the student is enrolled.

(2) The dependence of a child, except a child physically or mentally incapacitated from earning a livelihood, shall terminate with the attainment of 18 years of age, with the attainment of 22 years of age if a full-time student in an accredited educational institution, or upon marriage.

(3) Where, because of the limitation in paragraph (1)(b), a person or class of persons cannot receive the percentage of compensation specified as payable to or on account of such person or class, there shall be available to such person or class that proportion of such percentage as, when added to the total percentage payable to all persons having priority of preference, will not exceed a total of said 662/3 or 66.67 percent, which proportion shall be paid:

(a) To such person; or

(b) To such class, share and share alike, unless the judge of compensation claims determines otherwise in accordance with the provisions of subsection (4).

(4) If the judge of compensation claims determines that payments in accordance with paragraph (3)(b) would provide no substantial benefit to any person of such class, the judge of compensation claims may provide for the payment of such compensation to the person or persons within such class who the judge of compensation claims considers will be most benefited by such payment.

(5) Upon the cessation of compensation under this section to any person, the compensation of the remaining persons entitled to compensation, for the unexpired part of the period during which their compensation is payable, shall be that which such persons would have received if they had been the only persons entitled to compensation at the time of the decedent’s death.

(6) Relationship to the deceased giving right to compensation under the provisions of this section must have existed at the time of the accident, save only in the case of afterborn children of the deceased.

History.—s. 16, ch. 17481, 1935; s. 7, ch. 18413, 1937; CGL 1936 Supp. 5966(16); s. 5, ch. 20672, 1941; s. 1, ch. 26966, 1951; ss. 4-6, ch. 28241, 1953; s. 1, ch. 57-143; s. 2, ch. 67-239; ss. 17, 35, ch. 69-106; s. 6, ch. 73-127; s. 11, ch. 74-197; s. 8, ch. 75-209; s. 23, ch. 78-300; ss. 12, 124, ch. 79-40; ss. 9, 21, ch. 79-312; s. 2, ch. 82-237; s. 11, ch. 86-171; s. 4, ch. 87-330; ss. 13, 43, ch. 89-289; ss. 21, 56, ch. 90-201; ss. 19, 52, ch. 91-1; s. 28, ch. 91-46; s. 62, ch. 92-136; s. 21, ch. 93-415; s. 3, ch. 98-125; s. 1002, ch. 2002-387; s. 20, ch. 2003-412; s. 56, ch. 2004-64; s. 39, ch. 2004-357; s. 3, ch. 2014-109.

F.S. 440.16 on Google Scholar

F.S. 440.16 on Casetext

Amendments to 440.16

Arrestable Offenses / Crimes under Fla. Stat. 440.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.16.

Annotations, Discussions, Cases:

Cases Citing Statute 440.16

Total Results: 20

Domino's Pizza v. Wiederhold

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-07T00:00:00-07:00

Citation: 248 So. 3d 212

Snippet: date of injury, it could have done so. Cf. § 440.16, Fla. Stat. (2014) (“Relationship to the deceased

Beverly Inmon, surviving spouse of Matthew etc. v. Convergence Employee Leasing III, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: death benefits and funeral expenses under section 440.16, Florida Statutes (2014). In the order, the JCC…death benefits and funeral expenses under section 440.16. JAY and M.K. THOMAS, JJ., concur.

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

Court: Fla. | Date Filed: 2016-07-07T00:53:00-07:00

Snippet: dissenting) (disagreeing with the holding that section 440.16(1), which provides that for a death to be compensable

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

Court: Fla. | Date Filed: 2016-06-09T00:00:00-07:00

Citation: 194 So. 3d 311

Snippet: gap that resulted from the limitations in section 440.16(2)(a) is a plain denial of the right of access …dissenting) (disagreeing with the holding that section 440,16(1), which provides that for a death to be compensable

Leticia Morales v. Zenith Insurance Company

Court: Fla. | Date Filed: 2014-12-04T00:00:00-08:00

Citation: 152 So. 3d 557, 39 Fla. L. Weekly Supp. 721, 2014 Fla. LEXIS 3555, 2014 WL 6836320

Snippet: beneficiaries, including the spouse and children. See § 440.16, Fla. Stat. Surviving spouses, like Ms. Morales

VMS, Inc. v. Alfonso

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-24T00:00:00-07:00

Citation: 147 So. 3d 1071, 2014 Fla. App. LEXIS 14961, 2014 WL 4723565

Snippet: compensation payable under ss. 440.13, 440.15, and 440.16.” § 440.10(l)(a), Fla. Stat. (2013) (emphasis added

Hamm ex rel. Hamm v. PMI Employee Leasing

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-07T00:00:00-07:00

Citation: 134 So. 3d 1150, 2014 WL 1356792, 2014 Fla. App. LEXIS 5112

Snippet: denying her death benefits payable under section 440.16, Florida Statutes (2012). The Employer/Carrier

Pena v. Design-Build Interamerican, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-22T00:00:00-08:00

Citation: 132 So. 3d 1179, 2014 Fla. App. LEXIS 603, 2014 WL 228681

Snippet: compensation payable under ss. 440.13, 440.15, and 440.16. Any contractor or subcontractor who engages in

Gomez Lawn Service, Inc. v. The Hartford

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-28T00:00:00-07:00

Citation: 98 So. 3d 212, 2012 WL 4465233, 2012 Fla. App. LEXIS 16460

Snippet: compensation payable under ss. 440.13, 440.15, and 440.16.”). Failure to do so can subject the employer to

Stokes v. Schindler Elevator Corp./Broadspire

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-09T00:00:00-07:00

Citation: 60 So. 3d 1110, 2011 Fla. App. LEXIS 6601, 2011 WL 1744156

Snippet: that denies death benefits claimed under section 440.16(l)(a)-(b), Florida Statutes (2006). Claimant argues

Elias v. WORLD WIDE CONCESSIONS, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-07T00:00:00-07:00

Citation: 41 So. 3d 304, 2010 Fla. App. LEXIS 10817

Snippet: employee as required by §§ 440.14, 440.15, and 440.16, in accordance with the obligations set forth in

Ramcharitar v. Derosins

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-12T00:00:00-07:00

Citation: 35 So. 3d 94, 2010 Fla. App. LEXIS 6554, 2010 WL 1875616

Snippet: compensation payable under ss. 440.13, 440.15, and 440.16 ... (b) In case a contractor sublets any parts

USAA Casualty Insurance Co. v. McDermott

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-19T00:00:00-07:00

Citation: 929 So. 2d 1114, 2006 Fla. App. LEXIS 7873

Snippet: carrier. Those benefits were to be paid under section 440.16(l)(b), Florida Statutes (1995), apparently to the

Bruno v. Destiny Transp., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-02T23:53:00-08:00

Citation: 921 So. 2d 836

Snippet: compensation payable under ss. 440.13, 440.15, and 440.16. Any contractor or subcontractor who engages in

Bestone East Coast USA Corp. v. Sanchez

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-29T00:00:00-08:00

Citation: 899 So. 2d 379, 2005 Fla. App. LEXIS 4289, 2005 WL 700955

Snippet: average weekly wage, the amount authorized by section 440.16(l)(b)3, Florida Statutes. Miss Sanchez then filed…would apply to a surviving child, because section 440.16(l)(b), Florida Statutes allows the judge to award…33% percent, given the plain language of section 440.16(l)(b)3. That subsection provides that a surviving…affording discretion to vary this amount. Subsection 440.16(l)(b)3 is not ambiguous. Consequently, it would…compensation, 66% percent of the average wage.... ” § 440.16(l)(b), Fla. Stat. (2000) (emphasis added). To read

OSCEOLA COUNTY SCHOOL BD. v. Arace

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-01T00:53:00-07:00

Citation: 884 So. 2d 1003

Snippet: employee as required by ss. 440.14, 440.15, and 440.16 ...," and those statutes refer to the payment

Cuero v. Ryland Group, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-11T23:53:00-08:00

Citation: 849 So. 2d 326

Snippet: compensation payable under ss. 440.13, 440.15, and 440.16. Any contractor or subcontractor who engages in

Winn Dixie Stores, Inc. v. Yglesias

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-12T00:00:00-08:00

Citation: 831 So. 2d 1233, 2002 Fla. App. LEXIS 18201, 2002 WL 31769160

Snippet: Felix Yglesias death benefits pursuant to section 440.16(l)(b)4., Florida Statutes (1999). While we agree…“on account of dependency upon the deceased.” § 440.16(l)(b), Fla. Stat. (1999). See Southland Corp.,

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2002-09-19T00:00:00-07:00

Citation: 829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Snippet: per week. _Death benefits payable under Ssection 440.16, Florida Statutes. __ Correction of AWW and resulting

Lopez v. Ideal Roofing Systems

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-19T00:00:00-07:00

Citation: 821 So. 2d 453, 2002 Fla. App. LEXIS 10123, 2002 WL 1586902

Snippet: which found that the monetary limits of section 440.16(7) apply to a claim for survivor’s benefits. We… of $100,000, the maximum allowed under section 440.16(l)(b). The employer/carrier sought to limit the… recovery to $50,000 in accordance with section 440.16(7), which imposes that limit on the claim of “aliens…monetary limitation of the current version of section 440.16(7) is unconstitutional in light' of the unambiguous