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.
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
Free Case Review
We review your injury, explain your rights under Florida law, and tell you honestly where your claim stands.
Protect Your Report Deadline
Florida gives you 30 days to report your injury. We make sure it's documented right so the carrier can't deny it.
Fight for Better Medical Care
Even if the insurance company picks your doctor, we enforce your one-time change of physician right and hold the carrier to its deadlines
Secure Your Wage Benefits
Florida pays two-thirds of your lost wages while you're not working, and we fight to get those checks started and keep them coming.
Challenge Denials Before the Judge
When the carrier denies you, we file your Petition for Benefits and take your case before the Judge of Compensation Claims.
Maximize Your Final Settlement
We push back on lowball impairment ratings and premature findings that you've healed, so your settlement reflects your real losses.
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.
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.
Hear What Our Clients Say About Us
Results matter, but so does how you're treated along the way. From the first phone call, we want every client to feel like they have a workers’ compensation attorney who communicates, fights hard, and makes a difficult time easier. We'll come to you, at home or in the hospital, so you can focus on healing while we handle the rest.
See Our Successful Results in Florida
Van Dingenen Law has recovered over $250 million for injured workers across Florida. Behind every number is a person who got their medical care covered, their lost wages recovered, and their life put back on track. For us, every case represents an opportunity to make a real difference in someone’s life. Our unwavering commitment to Florida’s injured workers drives us to achieve the best possible outcomes, one client and one victory at a time.
*Prior results are provided for informational purposes only and do not guarantee or predict any similar outcome in the future, as each workers’ comp case depends on its own unique facts and circumstances.
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.
