Workers’ Compensation Death Claims Attorney in Orlando, Florida
SEEKING JUSTICE AFTER A LOVED ONE’S TRAGIC PASSING
Losing a loved one to a work-related injury or illness is devastating, leaving families to face not only emotional grief but also overwhelming financial challenges. Medical bills, funeral expenses, and loss of income can add to an already difficult time. An Orlando workers' compensation death claims lawyer at Van Dingenen Law is here to guide you through this difficult process.
Why Do You Need a Death Claims Lawyer in Orlando?
You should hire a workers’ compensation death claims lawyer in Orlando when a workplace fatality leaves your family facing financial uncertainty and the insurance company challenges or delays the benefits you deserve. At Van Dingenen Law, we focus exclusively on workers’ compensation in Central Florida, and we know how to secure funeral expenses, lost income benefits, and educational support for surviving spouses. Our team manages the paperwork, handles disputes, files appeals when necessary, and evaluates any third-party claims that may offer additional compensation. Let us protect your family’s future during an incredibly difficult time!
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Why Hire a Workers’ Comp Death Claims Attorney in Orlando at Van Dingenen Law?
When a workplace accident results in a fatality, families face immediate financial strain while trying to deal with a complicated benefits system. You need a law firm that understands Florida death claims inside and out and knows how to secure the full support the law provides. This is what sets Van Dingenen Law apart in death claim cases:
- Over 60 years of combined workers’ compensation experience, including complex survivor benefit claims
- Millions recovered for families across Central Florida who depended on these benefits
- A
practice devoted only to workers’ compensation, ensuring focused knowledge and attention
- Personalized representation, with direct communication and guidance throughout the entire claim
- Convenient support, including meeting you at home when travel is difficult during this difficult time
For more than two decades, Van Dingenen Law has helped Orlando families after workplace tragedies by standing up to insurance companies and fighting for the benefits they are owed. We are here to do the same for you.
How Can Our Death Claims Lawyers in Orlando Help You?
Losing a loved one due to a workplace injury or illness is a tragic and overwhelming experience. Our workers' comp death claims attorneys at Van Dingenen Law are dedicated to helping families in Orlando and Central Florida secure the compensation and benefits they deserve after such a loss.
Expert guidance through the claims process: We handle every required filing, document the cause of death, and ensure your family meets Florida’s deadlines and eligibility rules.
Help securing financial compensation: We pursue all available death benefits, including funeral expenses, weekly income support, and educational benefits for surviving spouses.
Personalized legal support: You receive direct attention, clear communication, and guidance from your death claims attorney in Orlando.
Our law firm’s goal is to secure the full benefits your family is entitled to while easing the stress of the claims process. If you’ve lost a loved one in a workplace accident, our Orlando workers’ comp death claims lawyers are ready to help you move forward.
Hear From Our Satisfied Clients
I had a great experience with this law firm! Attorney Blaze Schwartz was extremely helpful and also really good at communicating. The rest of the staff is also super friendly and helped get me through my case and in the end attorney Van Dingenen was able to get the insurance company to pay more money than they wanted to. I'm really happy that I chose this firm.
David R.
I would like to give a big thank you to Mr. Van Dingenen, Blaze, and all of his staff. Everyone was very welcoming and treated me as a person and not just another number. " would like to give a big thank you to Mr. Van Dingenen, Blaze, and all of his staff. Everyone was very welcoming and treated me as a person and not just another number. If anyone needs a lawyer to represent them, this who you should call. Bigger firms just don't do it. Thank you.
Teresa H.
From start to finish I was very pleased with my treatment at this firm. I was never left wondering about what was going on. They responded to every question in a timely manner. Nadia was awesome! Mr. Van Dingenen made me feel very comfortable and he has a great sense of humor. I would recommend them and I would use them again if needed. Happy customer.
Jayne W.
I recommend this firm to anyone who wants a fair win. The Attorneys and team are always friendly, prompt, and efficient. / appreciated their time and efforts in explaining every step of the case to me and their advice along with the pros and cons of any decision I make. Thank you for fighting for me and getting me a settlement where my family and I can begin to start over again after my injuries...
Rhonda S.
When you have an unfortunate incident such as a worker's comp issue, I highly recommend Van Dingenen to assist you in a resolution. They were professional, thorough, and kept me informed throughout the process. My claim was settled promptly and to my complete satisfaction.
Lynne K.
I went YEARS trying to get Workers Comp benefits that actually helped me, with the company I worked for. Van Dingenen Law took me through a short, easy and painless process that finally got me the help that I needed! Both Don and Blaze were professional, courteous and kind and their office staff outstanding. / HIGHLY recommend them for any Workers Comp you have. In my eyes they are miracle workers. Thank You SOOOO much!!!
Tiphany M.
What Workers’ Comp Death Benefits Can Our Lawyers Obtain for You?
Florida’s workers’ compensation system provides several forms of financial support to families after a loved one’s workplace fatality, but each benefit has its own rules, deadlines, and documentation requirements. Understanding what your family may qualify for is the first step in securing long-term stability after an unexpected loss.
Funeral and Burial Expenses
Florida allows reimbursement of
up to $7,500 for funeral and burial costs when the expenses are directly tied to a compensable workplace death. These costs must be submitted promptly, and the insurer must issue payment within
14 days of receiving the bill.
Educational Benefits for Surviving Spouses
A surviving spouse may qualify for
up to 1,800 hours of classroom instruction or the equivalent value in approved educational fees. These benefits help the spouse reenter the workforce and must be used within
seven years of the worker’s death.
Income Support for Dependents
Eligible dependents can receive ongoing weekly benefits based on the worker’s
Average Weekly Wage. The percentage varies by family structure: for example, a spouse with children may receive
66⅔ percent of the AWW, while a spouse without children may receive
50 percent.
Each of these benefits can provide meaningful financial support, but the rules surrounding eligibility and calculation are highly technical. An experienced Orlando workers’ comp death claims lawyer at Van Dingenen Law can guide your family through every requirement and ensure you receive the full compensation allowed under Florida law.
How Much Is a Workers’ Comp Death Claim in Florida?
The total amount of workers’ compensation death benefits paid in Florida
cannot exceed $150,000, regardless of how many dependents qualify. The exact amount each family member receives depends on their relationship to the deceased and whether they can legally prove financial dependence. In cases involving extended family, such as parents, siblings, or grandchildren, the law requires clear evidence that the deceased provided support or essential services before benefits can be awarded.
Who Can Receive Death Benefits in a Workers’ Comp Claim in Florida?
Death benefits from workers' compensation are available to certain family members who were financially dependent on the deceased worker. Here's a breakdown of who may qualify:
01
A Spouse
A surviving spouse may receive weekly income benefits based on the worker’s AWW and can also use Florida’s educational benefits program to qualify for retraining or new employment opportunities.
02
Children Under the Age of 18
Minor children receive weekly support until age 18, helping replace the financial stability they depended on before the worker’s death.
03
Full-Time Students Under the Age 22
Children enrolled full-time in an accredited school may continue receiving benefits through age 22 to help cover living or educational expenses.
04
Children of Any Age with Disabilities
Children with physical or mental disabilities may receive lifelong benefits if they are unable to earn a living due to their condition.
05
Parents, Siblings, and Grandchildren
When there is no surviving spouse or minor children, relatives who relied on the worker for financial support may qualify for dependent benefits if they can show economic dependence.
How to File a Workers’ Comp Death Claim in Orlando
Filing a death claim in Florida requires specific documents, proof of dependency, and strict compliance with workers’ compensation rules. Families often face delays when the insurance carrier challenges eligibility or requests additional records, so getting an attorney and knowing the steps helps you protect your right to benefits.
Step 1: Report the Workplace Fatality
Notify the employer as soon as possible so the incident is documented and reported to the insurance carrier.
Step 2: Gather Required Records
Collect the death certificate, accident or incident reports, medical records, and documents that show financial dependence, such as tax returns or proof of shared expenses.
Step 3: Your Attorney Files the Claim for Death Benefits
Your death claims lawyer in Orlando prepares and submits the death benefit claim to the insurance carrier with the required documentation.
Step 4: Respond to Insurance Inquiries
The carrier may request more employment information, the cause of the accident, or dependency. Your attorney will ensure nothing is overlooked.
Step 5: Resolve Disputes or Proceed to a Hearing
If benefits are delayed or denied, an attorney can pursue mediation or a hearing before a Judge of Compensation Claims to secure the compensation your family is entitled to.
This process can become stressful very quickly, especially during a period of grief, and legal guidance often makes the difference in how smoothly the claim moves forward.
Florida’s Statute of Limitations for Workers’ Comp Death Claims
Families in Florida have two years from the date of the worker’s death to file a workers’ compensation death claim. For the death to qualify for benefits, it must occur within one year of the workplace accident, unless the accident caused a continuous disability that eventually led to death. In that situation, the time frame extends up to five years.
Florida also requires the original injury to be
reported to the employer within 30 days, or the death claim may be denied later. For occupational diseases or delayed-onset injuries, the two-year limitations period begins when the disability becomes apparent. If the worker received authorized medical care or wage benefits within that time, the case moves to a
one-year limit from the last treatment or payment. Missing any of these deadlines can prevent the family from receiving benefits, even when the death was work-related.
Talk to an Orlando Workers’ Comp Death Claims Lawyer Today
If your family lost a loved one in a workplace accident, legal help can make the process clearer and protect your right to full benefits. An Orlando workers’ comp death claims lawyer at Van Dingenen Law can guide you through each requirement and help you pursue the compensation your family needs. Use the form below to schedule your free consultation.
We're dedicated to protecting injured workers. Schedule a free case evaluation now!
We will get back to you as soon as possible.
Please try again later.
Frequently Asked Questions
Families facing a workers’ comp death claim in Orlando often have urgent questions about benefits, timelines, disputes, and what happens if the insurance company pushes back. These answers address the issues people search for most when trying to understand their rights after a workplace fatality in Florida.
How do I appeal a denied workers’ comp death claim in Orlando?
Appealing a denied death claim begins with reviewing the denial letter, gathering proof of dependency and the cause of death, and filing a Petition for Benefits with the Office of the Judges of Compensation Claims. A workers’ comp death claims lawyer in Orlando can handle the appeal, present medical and financial evidence, and represent your family in mediation or at a hearing if the insurer refuses to pay.
How long does it take to receive benefits after filing a workers’ compensation death claim in Orlando?
If the insurance company accepts the claim, funeral benefits are typically paid within 14 days of receiving the invoice, and income benefits usually begin within a few weeks. Disputes or missing documents can slow this timeline, but your attorney can move the process forward and address delays.
Can I pursue a wrongful death claim in addition to workers’ compensation in Orlando?
You may be able to pursue a separate claim if a third party, such as a subcontractor, equipment manufacturer, or negligent driver, contributed to the accident. This can provide compensation beyond the workers’ comp limit of $150,000.
Can stepchildren or blended families qualify for death benefits in Florida?
They can. Stepchildren and other dependents who lived with the worker or received financial support may qualify if they meet Florida’s dependency criteria. At Van Dingenen Law, each case is evaluated based on actual support, not just legal relationship.
