The Process


It can be intimidating to navigate the workers’ compensation claim process on your own, despite how straightforward you anticipate it will be. Countless workers assume all of their expenses will be covered after a workplace accident has left them injured or ill, but later discover that they haven’t been granted as much as they need or have their claim rejected without knowing why.

Hiring a law firm with demonstrated experience in handling workers’ comp claims is crucial if you want a chance at recovering without going into debt.

With decades of experience and millions recovered for clients, the attorneys at Van Dingenen Law can be trusted to handle your claim.

We have the time and patience needed to walk you carefully through the process and are well-versed in Florida’s workers’ compensation system and statutes. We can help you determine whether you’re eligible to file a claim, why your claim was denied, and how much you need to heal from your injuries or illness.

What Is Covered Under Workers’ Compensation?

Florida requires most employers to purchase workers’ compensation insurance, so if you work for a company that has four or more employees, chances are your employer has the insurance needed to cover your expenses.

Workers’ compensation covers some of the damages you would expect your car insurance to cover after an accident, including:

  • Medical bills and medical care, including costs of hospitalization, prescription medications, medical equipment, surgery, and more
  • Lost wages from missing work
  • Income replacement
  • Certain job replacement benefits

Common injuries that workers suffer from as a result of a workplace accident include broken or sprained bones from slip and fall accidents, burns from workplace fires or explosions, and head injuries from being struck by a flying object.

These accidents can happen both in the workplace, such as in an office or construction site, as well as outside, such as if you were injured while on a business trip. If your injuries were self-inflicted or you were under the influence of drugs or alcohol at the time of your accident, however, you may not be eligible to apply for these benefits.

How to Apply for Workers’ Comp

If you wish to pursue a workers’ compensation claim, the first step is to report your injury to your employer as soon as possible. If you were injured in a single accident, you have 30 days according to Florida law to report your accident. If your injury or illness developed over time, you have 30 days from the date of discovery to report it.

After notifying your employer, they should refer you to a specific treating doctor in order to diagnose and treat your injuries. Once your employer has communicated with their insurance company, an investigation will begin to determine whether you’re eligible to receive benefits.

The insurance company takes the following into consideration when determining whether to approve a claim:

  • Your medical records
  • Your education, work experience, and wages
  • A medical examination to assess your current condition
  • An assessment of your ability to perform your work duties in your current condition

What If My Claim is Denied?

Many workers are shocked when their claims are denied by the insurance company, but our team is here to remind you that you have the right to appeal a denial. There are various reasons why your claim wasn’t approved, but many claims are denied because there is too little evidence to show the injuries are work-related.

Our team can find out why your claim was denied – legitimate claims can be denied for no reason, too – and then help you file a Petition for Benefits within two years of your injury.

It’s possible that you will need to attend multiple hearings to present your evidence and make your case. Though this possibility may seem intimidating, our lawyers have been to court countless times and can prepare you for the process.

When to Hire Our Team

Has your employer failed to notify the insurance company about your injuries, or have they retaliated against you for reporting your injury in the first place? Is the insurance company taking a long time to approve or deny your claim?

The moment your workers’ comp situation becomes complex is a sign that it’s time to hire an attorney. Your future is at stake in a workers’ comp claim, which is why you shouldn’t take a risk by handling the process by yourself. Our team knows there’s already a lot on your mind. We can take over your case so you have one less thing to worry about.

Ready to begin your recovery? All you have to do is call our team at (407) 967-5377 or contact us online to schedule your consultation.

    Practice Areas

    Slide 2

    Paralyzed Construction Worker
    A young construction worker was rendered a quadriplegic during an accident while working on a concrete seawall.

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    Paralyzed Security Guard
    The Van Dingenen team obtained a $7.5 Million dollar judgment on behalf of our client who was injured at their job as a security guard.

    Slide 4

    Paralyzed Truck Driver
    Our team negotiated a $3 Million dollar settlement on behalf of our client who became paralyzed due to a work injury.

    Slide 5

    Pipelayer Suffers Crushed Limb
    A pipelayer suffered a crushed limb during an accident while working on a cement pipe.

    Slide 6

    Mechanic Fall From Height Injury
    Mechanic suffers shattered ankle and back injuries after falling from an 8-foot-high structure

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    Paralyzed Bank Teller
    After a trial, the Van Dingenen team was able to obtain a $26.9 Million dollar jury verdict on behalf of our client who was injured at work.