Orlando Workers Compensation Lawyer
More than 50,000 workers are injured while on the job each year in Florida. Many of their injuries are life-changing, requiring extensive medical treatment and time off work. Even those who suffer relatively minor injuries or work-related illnesses can still face many physical, emotional, and financial difficulties.
Fortunately, Florida Workers’ Compensation insurance provides compensation for injured workers without your having to prove fault (negligence) on the part of your employer. Florida Workers’ Compensation Law gives you the right to benefits to pay for medical expenses and a percentage of your wages. Although you have this right when you’re injured on the job in Florida, many injured workers experience problems navigating the workers’ compensation system and getting the benefits they deserve.
If you have been injured while at work or have developed an illness due to your job, the experienced workers’ compensation lawyers at Van Dingenen Law can help you get the benefits to which you are entitled. Our experienced lawyers have been helping workers in Orlando and throughout Central Florida get the compensation they need and deserve for many years. We have recovered hundreds of millions of dollars for injured workers and their families and will put our knowledge, experience and skill to work fighting zealously for your rights.
Call us at 407-967-5377 or submit the FREE CASE EVALUATION form on this page to get started on your case.
What Kind of Workplace Injuries Occur in Florida?
In the United States, a multitude of state and federal laws and regulations are in place aimed at protecting workers in the workplace. Despite these laws and regulations, workplace injuries and deaths do occur. According to figures published by the U.S. Bureau of Labor Statistics (BLS), there have been close to 5,200 fatal workplace injuries and 2.6 million nonfatal injuries and illnesses per year throughout the U.S.
In the State of Florida, there were 315 fatal workplace injuries in single recent year, with the following primary causes:
- Transportation incidents – 111
- Falls, trips, slips – 69
- Exposure to harmful substances or environments – 59
- Contact with objects and equipment – 39
- Violence and other injuries by persons or animals – 34
- Fires and explosions – 3
Fatal workplace injuries in Florida have been classified by the BLS into the following occupations:
- Natural resources, construction, and maintenance – 113
- Production transportation and material moving – 92
- Service occupations – 69
- Management, business, science, and arts – 26
- Sales and office work – 12
Non-fatal injuries and illnesses affect workers in all industries, but retail, transportation, warehousing, health care and social assistance workers are especially susceptible to suffering an injury while on the job or becoming ill because of their job. No matter what industry you work in, if you are injured while at work or develop an illness because of your job, you have the right to seek Florida workers’ compensation benefits.
If you are having trouble navigating the workers’ compensation system or are not receiving the benefits to which you are entitled, getting help from an experienced Florida workers’ compensation lawyers is crucial. The Van Dingenen lawyers can thoroughly explain the workers’ compensation claim process, resolve issues you are having in trying to navigate the system, and fight for the full benefits you deserve.
Do All Florida Employers Have Workers’ Compensation Insurance?
Most employers that conduct work in the State of Florida are required to provide workers’ compensation insurance for their employees. While there are exceptions, as a general rule, employers with four or more employees, including business owners who are corporate officers or Limited Liability Company (LLC) members, must have workers’ compensation coverage.
Among the exceptions to the general rule are the construction and agricultural industries. Employers within the construction industry that have one or more employees, including the owner of the business who are corporate officers or Limited Liability Company (LLC) members, must have workers’ compensation coverage. Agricultural employers with six regular employees and/or 12 seasonal workers who work more than 30 days during a season but no more than a total of 45 days in a calendar year must also have workers’ compensation coverage.
What Does Florida Workers’ Compensation Cover?
Florida’s workers’ compensation system was developed as a way to provide compensation for injured workers without a worker having to go through the lengthy process of filing a traditional negligence-based personal injury lawsuit against an employer. Under the workers’ compensation system, an eligible worker is entitled to benefits for a qualifying injury or illness without regard to whether the employer was at fault.
While workers’ compensation insurance offers injured workers a much easier pathway to compensation than a traditional personal injury lawsuit, that compensation is limited to medical benefits and a percentage of an injured worker’s wages. It does not provide compensation for non-economic damages such as pain, suffering, mental anguish, and other subjective injuries, as do personal injury (negligence) lawsuits.
What Florida Workers’ Compensation Benefits Are Available to Injured Workers?
Under the Florida workers’ compensation system, an injured worker may be entitled to medical benefits and wage replacement benefits. For approved claims, a workers’ compensation insurance carrier is required to pay for the following types of medical services and treatment at least until the patient reaches maximum medical improvement (MMI):
- Hospitalization
- Doctor visits
- Diagnostic testing
- Prescription medications
- Physical therapy
- Prosthesis
- Travel expenses related to medical treatment.
A workers’ compensation claimant is also entitled to wage replacement benefits. The amount and duration of wage replacement benefits depends on a variety of factors, including your pre-injury income and whether you suffered permanent injury. Wage replacement benefits do not begin until the 8th day of partial or total disability unless you are disabled for more than 21 days due to your work-related injury or illness. In that case, you will be entitled to benefits starting on the date of your injury.
The amount of your weekly benefit will be calculated as two-thirds of your pre-injury regular weekly wage but cannot be higher than Florida’s average weekly wage. Wage replacement benefits fall into one of the following categories:
- Temporary Total Benefits: Available when an injury or illness temporarily prevents you from returning to work, and you have not reached MMI.
- Temporary Partial Benefits: Available for a maximum of 104 weeks when your doctor releases you to return to work with restrictions, you have not reached MMI, and earn less than 80 percent of your pre-injury wage.
- Permanent Impairment Benefits: Provided according to your permanent impairment rating when the injury or illness causes any physical, psychological, or functional loss and the impairment exists after the date of MMI.
- Permanent Total Benefits: Provided when the injury causes you to be permanently and totally disabled.
- Death Benefits: Compensation that includes payment for funeral expenses and dependency benefits.
The experienced workers’ compensation lawyers of Van Dingenen Law will protect your rights and help you obtain all the benefits you are entitled to. We have helped hundreds of Central Florida families get the compensation they deserve for their work-related injuries and illnesses and will put our experience, knowledge and skill to work for you.
Do I Need an Orlando Workers’ Compensation Lawyer If I Was Injured at Work?
Although you are not required to hire an attorney when you file a workers’ compensation claim, the likelihood of your claim being approved in a timely matter can increase substantially when you work with an experienced Orlando workers’ compensation lawyer. In addition, you should consult with an experienced workers’ compensation attorney if you have concerns about the process or if
- Your employer is disputing that your injury is work-related.
- The waiting period has passed, but you have not started receiving your benefits.
- The settlement offer does not cover the full cost of your medical bills and appropriate percentage or your lost wages.
- Your claim has been denied.
- You want to appeal a denied claim or a sustained denial.
- You have suffered partial or total permanent disability because of your injuries.
- Your employer fired you or otherwise retaliated against you for making a workers’ compensation claim.
- A third party was involved in the incident that caused your injuries.
The experienced Orlando workers’ compensation attorneys at Van Dingenen Law know how to handle all of the aforementioned issues and help you achieve the results you want. We have helped many Florida workers and their families successfully navigate the Florida workers’ compensation process and will put our experience and expertise to work for you.
How Can an Orlando Workers’ Compensation Lawyer at Van Dingenen Law Help Me?
Unfortunately, the goal of many workers’ compensation insurers is to avoid paying claims. For an injured worker, this can mean a delay, underpayment, or denial of much-needed benefits. Moreover, Florida law gives insurance companies great control over when and how you receive benefits, often making the claims process unnecessarily complicated and burdensome. When you have an experienced Orlando workers’ compensation lawyer from Van Dingenen Law on your side, you will receive the best legal advice and guidance to help you get through the entire claims process and achieve the result you want.
If you suffered a workplace injury, there is no need to worry about out-of-pocket expenses when you hire an Orlando workers’ compensation lawyer at Van Dingenen Law. Workers’ compensation attorneys in Florida work on a contingency fee basis, meaning your attorney fees are calculated using a tiered schedule that reflects a percentage of the total workers’ compensation benefits you receive.
If you or a loved one were injured in the workplace, you need an experienced and committed legal advocate on your side. At Van Dingenen Law, we have dedicated our entire practice to representing the rights and interests of Florida’s workers injured in the workplace. Our dedicated and compassionate Florida workers’ comp attorneys have decades of combined experience in this practice area and have recovered hundreds of millions of dollars in benefits and tax-free settlements for Florida’s injured workers and their families.
If you need help with your workers’ compensation claim or would like expert advice and support, contact the experienced Florida worker’s compensation lawyers at Van Dingenen Law. Call us today at 407-976-5377 or submit the FREE CASE EVALUATION form on our website to get started.