Can an employer be sued for wrongful death if an employee dies on the job in Florida?

Yes, under narrow statutory exceptions. While Florida's workers' compensation law generally grants employer immunity, Fla. Stat. § 440.11(1)(b) permits a direct civil lawsuit if the employer engaged in intentional misconduct that was virtually certain to result in injury or death. Furthermore, the decedent's personal representative may file a wrongful death lawsuit under Fla. Stat. § 768.16 against negligent third parties, including general contractors, equipment manufacturers, or property owners. These third-party claims permit surviving family members to pursue damages for loss of companionship and mental anguish that workers' compensation death benefits do not provide.