Morgan Gaynor | January 12, 2021 | Premises Liability
Cyrenus Leroy Amon, a 47-year old man from Interlachen, sustained fatal injuries in an accident during a delivery to a Home Depot location in Tampa, FL. According to reports, Amon was delivering drywall to the back of the store when he was struck by the load.
Mr. Amon’s family is now left to pick up the pieces and come to terms with their unimaginable loss as a result of this accident. And, while the emotional toll this will have take on them will be great, the financial costs could be high, too. Often, after a fatal accident, the sudden loss of income and support can have ripple effects for surviving family members for years to come.
While legal action might be the furthest thing from their minds, it is possible that they could be entitled to compensation from an insurance company, Mr. Amon’s employer, or the Home Depot store, itself.
Potential Courses of Action When a Family Member is Involved in a Fatal Workplace Accident in Florida
Accidents on the job shouldn’t happen. Property owners, businesses, and employers should have safety protocols, standards, and rules in place to ensure that workers are able to perform their jobs in a safe environment. There are also state and federal safety rules that must be followed to the letter. Often, workplace accidents are a consequence of a violation of one or more of these rules or standards. When that’s the case, the employer could potentially be financially responsible for a worker’s injury. In the event of a fatal accident, that compensation would be directed toward the victim’s family.
Following a fatal accident on the job in Florida, family members may be entitled to:
The specific compensation that can be sought ultimately depends on (a) how the worker was classified (employee vs. independent contractor), (b) what caused the fatal workplace accident, and (c) who, if anyone, was negligent and played a role.
Workers’ Compensation Death Benefits
If a worker was a covered employee under their employer’s workers’ compensation policy, the family could potentially be entitled to:
- Funeral and burial expenses (up to $7,500)
- Educational benefits (spouse)
- Weekly payments for dependents.
Death benefits are capped at $150,000 in the state of Florida.
Damages in a Florida Wrongful Death Case
If a fatal workplace accident is the result of negligence, those responsible could be legally responsible to the victim’s family. Under Florida law, damages can be recovered on behalf of the victim’s family and/or the victim’s estate.
This can include money to compensate for:
- Lost wages and financial support
- Lost profits and earnings
- The value of lost support and services
- Loss of companionship
- Pain and suffering stemming from the loss
- Medical bills
- Funeral costs
In the case of Cyrenus Leroy Amon, he was employed by a third party, not by Home Depot. When delivering the sheetrock he may have come across negligent conditions either under the control of Home Depot, his employer, or another third party.
These types of cases need an immediate aggressive investigation to ensure evidence is protected. Witness testimony, video surveillance, and all other evidence must be secured immediately.
Often times, there are several negligent parties who contribute to workplace injury deaths which present multiple legitimate defendants. It requires an aggressive legal team to uncover the truth when prosecuting these types of tragic losses.
How to Move Forward After a Devastating Loss
It’s never easy to lose a family member. Times ahead can be tough – emotionally and financially. Filing a legal action against those responsible – or seeking benefits to which are legally available under the law – can help make things easier.
The best course of action is to enlist the help of a law firm that is known for providing compassionate care and delivering results to its clients.
At Roman & Gaynor, we’ve been standing up and fighting for accident victims and their families in Tampa, FL since 1994. Collectively, our Board Certified civil law specialists have 65+ years of experience. We understand the impact the loss of a loved one can have on a family’s life. And, we strive to be the guiding light and source of support for those families. If you have recently lost a family member in a tragic workplace accident in Hillsborough County, don’t hesitate to reach out to our empathetic team for help. We’re always here when you need us – day or night.