What to expect at a deposition for a work comp death benefit case?

Asked almost 2 years ago - Orlando, FL

Father of the child and I were not married. He paid me child support in cash, I cannot prove our 8 year old was "dependant" upon him, although she was. Father also did so many things for us that had monetary value. I have no legal access to his bank accounts and tax filings as Work Comp Insurer requested. What can I expect? Don't they consider loss of his support besides monetary anything for a child?

Attorney answers (3)

  1. Marian Audrey Lindquist

    Contributor Level 17

    2

    Lawyers agree

    Answered . I am so sorry for the loss of your child's father. This is not a probate question, it's a workers compensation question. I suggest you repost the question with a workers compensation tag. I also suggest you consider hiring your own counsel, if you don't have one already, to try to maximize the benefits for your child.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... more
  2. Dennis Alan Palso

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Under Florida workers' compensation law, your child is entitled to dependent benefits as long as you can show that the decedent injured worker was his father regardless of whether you and his father were ever married. However, the decedent/father's death must have resulted from the workers' compensation accident within one year thereafter or follow continuous disability and results from the accident within five years thereafter. If that is the case, his employer's workers' compensation insurance carrier is responsible for actual funeral expenses not to exceed $7500 and his spouse and children are entitled to certain compensation disability payments, the amount of which is dependent upon whether there is a spouse and how many children or other heirs there are. There are several excellent workers' compensation attorneys in the Orlando area and you should consult one.

    Disclaimer: the above does not constitute legal advice and is only an opinion of the author as to current law.... more
  3. George Ellis Corson IV

    Pro

    Contributor Level 20

    Answered . You need to concentrate more on Paternity than checks. The birth certificate, pictures of Dad with the kid, Group pictures, relatives that confirm him as the Father. There is typically a presumption that a minor child is a total dependent, but your child has a lot of money at risk. A FL Workers' Compensation Attorney would be a VERY good idea to make sure nothing goes wrong.

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