Lapse in Worker's Comp Insurance Denies Death Benefits to Family ...

By Farah & Farah on April 1, 2013

The Flagler County workers? compensation attorneys at Farah & Farah have learned about the tragic case of a family fighting to raise the funds to bury a family member who was slain at a nail salon. The surviving family would have been eligible for up to $7,500 in death benefits and up to $150,000 in additional payment through workers? compensation ? if the employer had not let his workers? compensation insurance lapse.

The family is now grieving and facing an uncertain future due to the alleged negligence of the nail salon owner.

The Flagler County Sheriff?s Department is still trying to piece together why a gunman walked into the nail salon, gunned down the 32-year-old mother of six, and then simply walked out. It appears that robbery was not a motive and detectives are investigating whether the crime was a hit.

According to an investigator from the Florida Division of Workers? Compensation Compliance, the owner?s workers? compensation insurance was cancelled a month before the shooting. The owner claims he sent a check to his insurance agency on Feb. 15 to have the policy re-instated. The agency claims it received no payment and that the owner had a ?history of prior cancellation.?

A ?stop work? order was filed on the business, and was rescinded after the owner paid a $1,000 fine. It is unclear whether the owner?s workers? compensation insurance has been re-instated. So far, no arrests have been made for the murder and the owner of the Mobil Mart has not yet been charged with workers? compensation fraud.

Sadly, FlaglerLive.com reports that an agent with the owner?s insurance agency told an investigator that given the circumstances of the workplace death, payments would have been made to the family if the policy had been in effect.

Under most circumstances, it is an employer?s responsibility, by law, to have workers? compensation coverage for his or her employees. Unfortunately, not all employers obey the law, which can leave workers and their families vulnerable when facing funeral costs or meeting everyday living expenses. If you have questions about your rights under workers? compensation law, call Farah & Farah at (800) 670-8815 or contact us online. We want to help you and your loved ones.

Source: http://www.florida-workerscomp.com/blog/workers-comp-claim-denial/lapse-workers-comp-insurance-denies-death-benefits-family/

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