Van Dingenen Law

Why Do Florida Workplace Injuries Increase Around the Holidays?

Tue, 19 Dec 2023 14:11:00 GMT

The winter holidays are a time for relaxation and gathering together with friends and loved ones. Unfortunately, for some people, injuries put a damper on the holiday mood. While workplace injuries are generally most common in the summer , plenty of people get hurt on the job during the winter holiday season as well. There are several reasons why the end of the year presents special risks for workers in Florida.

Heavier workload
While workers in some jobs may get to slow down around the winter holidays, for others, the holidays are the busiest season. Delivery truck drivers, retail store employees, postal workers, airline employees, bartenders, and restaurant waitstaff are just some of the workers who may be working extra hours around the end of the year. More time on the job means a greater chance of getting injured at work.

Workplace stress
For workers who put in more hours around the holidays, the chances of being in an accident increase not only because they are spending more time in the workplace but also because they are often experiencing greater stress. They may be dealing with crowds of demanding shoppers, driving long hours delivering packages without a break, or in some other way trying to meet increased demands. The result is stress and fatigue, which makes people more accident-prone and more likely to injure themselves or others in their workplace.

Temporary workers
Workplaces with increased demands during the holidays may bring in temporary or seasonal workers. These workers may not be familiar with the company’s safety procedures and may cause accidents that injure themselves and/or others.

Holiday stress
Even workers who aren’t experiencing increased demands in their jobs may be feeling the stress of the season. A survey found that 62% of people said they felt stressed during the holidays. Financial concerns, family issues, gift buying, keeping up with social commitments, and hosting get-togethers can all cause stress that can bleed over into how people feel at work. Workers may be distracted and fatigued and more likely to cause careless accidents.

Being distracted by upcoming time off
On the days before workers are about to get time off for a holiday and/or vacation, they may start to mentally check out. They may be daydreaming about what they are going to do on their time off, or otherwise not paying their normal amount of attention to what they are doing on their jobs. They may make careless mistakes when handling dangerous equipment or forget to follow end-of-day safety procedures on their way out.

Bad weather
People in Florida don’t have to worry about driving in snow or walking on icy pavements, but they may still be affected by winter weather elsewhere. Weather problems that cause flight delays or cancellations anywhere in the country will affect flights arriving and departing from Florida, causing crowded airports and added stress for airline and airport workers. Long-distance truckers who get delayed by bad weather on their way to Florida may try to make up for lost time when they reach our state. They may speed and drive recklessly, endangering other drivers on the road. Weather problems elsewhere may also cause supply chain delays, creating backlogs of work in Florida’s factories and warehouses that may lead to increases in accidents.

Fires
Holiday decorations in the workplace can be fire hazards, especially if electrical circuits get overloaded, or lights and other decorations have frayed or otherwise unsafe cords.

Drunk drivers
Many people are out celebrating around the holidays and drive home while they are still under the influence of alcohol or drugs. They pose a risk to everyone else on the road, including workers who are driving as part of their jobs.

What You Can Do If You Are Injured on the Job During the Holiday Season

Most workers in Florida are eligible to apply for workers’ compensation insurance if they are injured in an accident on the job, no matter who was at fault for the accident. It’s important that you act quickly to report your injury to your employer and get any needed medical attention from an approved medical provider. Don’t put it off until after the holidays. Reporting the accident promptly will help preserve your right to receive workers’ compensation medical and wage benefits.

Unfortunately, the claims process is complicated. Also, many workers are unfairly turned down for benefits, or the benefits awarded are less than they should be. If you have any problems with your workers’ compensation claim, or you think you are not being treated fairly, a Florida workers compensation attorney can help. You should also talk to an attorney if your accident was caused by a third party, such as another driver in a traffic accident.

The attorneys at Van Dingenen Law are dedicated to helping people get all the workers’ compensation benefits that they are entitled to receive. Workers’ compensation is all that we do. Our knowledge, skill, and dedication have enabled us to recover millions of dollars for our clients. Every injured worker is important to us. Call us at 407-967-5377, or fill out the FREE CASE EVALUATION form for the legal help you need from an experienced Florida workers compensation attorney.

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How To File a Florida Construction Accident Workers’ Compensation Claim

Fri, 11 Aug 2023 18:13:00 GMT

Accidents are common, unfortunately, on construction sites in Orlando and throughout the state. Construction workers suffer more fatal injuries in Florida than workers in any other type of industry. Many construction workers survive their accidents but are injured seriously enough that they need medical treatment and may need to take time off of work.

If you were injured while working on a construction site in Orlando or anywhere in Florida, you can file a claim for workers’ compensation. Your workers’ compensation benefits will help pay for your medical expenses, lost income, and other expenses related to your injuries. However, you need to follow the correct procedures for filing a claim. If you fail to do so, for example, if you wait too long to notify your employer about your injuries, you could lose your right to receive workers’ compensation benefits.

Follow these steps to ensure that you get the workers’ compensation benefits you need:

Notify your employer about your injuries as soon as possible, but no later than 30 days after the construction site accident. You should tell your employer when the accident happened, how you got injured, and what symptoms you have.

Your employer will send you to see an occupational doctor. The employer gets to choose the doctor. Make sure to go to the appointment. When you go, tell the doctor about how you got hurt and describe the full extent of your symptoms.

In Orlando, and throughout Florida, employers are legally required to have workers’ compensation insurance coverage. After you notify your employer that you were injured while working on the construction site, your employer must report your claim to its insurance company within seven days.

If your employer fails to report your injury, you can notify the insurance company yourself. Your employer is required to post information about its workers’ compensation insurance company in the worksite, so you should be able to get contact information from that. If your employer is not doing what it’s supposed to, or if you have any other problems while filing your workers’ compensation claim, the Orlando workers’ compensation attorneys at Van Dingenen Law can help. Call us at 407-967-5377, or fill out the free case evaluation form , and we’d be glad to talk with you.

Your employer’s workers’ compensation insurance company will investigate your claim. They will evaluate your medical records and the type of work you do, including your wages and experience.

They may require that you go to a medical examination and/or get an evaluation of what work duties you can perform. You’ll need to go to any examinations and evaluations that they require.

After investigating your claim, the insurance company will issue a decision about whether to approve or deny your claim. Under Florida law, it needs to make that decision quickly. If the insurance company decides to approve your claim, and you are satisfied with the amount of benefits you are awarded, then you will start receiving benefits, and the filing process is over.

Unfortunately, though, many workers’ compensation benefits are unfairly denied. If this happens to you, you can appeal the denied claim. First, though, try contacting the insurance company.

If you get a notice from your employer’s insurance company saying that your construction accident claim was denied, you should contact the insurance company and ask why they denied your claim. Sometimes the problem is something you can take care of right away. For example, if some paperwork was missing, you may be able to supply it now and ask the insurance company to reconsider your claim.

Often, however, the insurance company will not reconsider your claim. If that happens, the next step is to appeal the claim.

If your workers’ compensation construction accident claim was denied, you should not give up. You have the right to appeal. Many claims are denied that should have been approved. If you appeal, you have a better chance of getting the denial overturned so you can get the benefits you deserve.

The appeals process is complicated. You would be much better off if you have an experienced Orlando workers’ compensation attorney helping you through the process.

Your attorney will write your legal papers and represent you in your hearing. Your attorney will also guide you through each step of the process. These steps include:

Get the Help You Need With Your Workers’ Compensation Claim or Appeal

The Orlando workers’ compensation attorneys at Van Dingenen Law can help you with any problems you have with your workers’ compensation insurance claim . Helping injured workers get the workers’ comp benefits they deserve is all that we do. We have more than 60 years of legal experience and have recovered millions of dollars for our clients.

If you have been injured in an Orlando construction site accident, you deserve all the workers’ compensation benefits that Florida law provides. If you have any problems with your claim, you don’t have to deal with them on your own! Call us at 407-967-5377 or fill out the free case evaluation form to get the help you need.

Sources

https://www.nolo.com/legal-encyclopedia/file-workers-compensation-claim-florida.html

https://www.myfloridacfo.com/division/wc/employee/how-to-report-an-injury

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Van Dingenen Law Announces New Company Vehicle

Fri, 19 May 2023 20:39:00 GMT

At Van Dingenen Law our legal practice is focused entirely on helping workers who have suffered a workplace injury or illness. For many of our clients, their injury or illness prevents them from easily traveling to our office. Struggling with the physical, emotional, and financial impact of a workers’ compensation injury or illness can be challenging enough without also facing unnecessary obstacles on the path to legal representation.

Workers’ compensation insurance is intended to help workers who suffer a work-related injury or illness. One major benefit of the workers’ compensation system is that a worker is not required to prove negligence on the part of an employer to be entitled to medical benefits and wage compensation. “Unfortunately, the workers’ compensation system can be difficult to navigate, often resulting in eligible workers being denied benefits or receiving less than what they are entitled to for their injury or illness,” said founding attorney Donald Van Dingenen.

To ensure that workers receive the medical treatment they need and the maximum compensation to which they are entitled, Van Dingenen Law is fully committed to bringing legal representation to the client at a time and place that is convenient for the client. Moreover, our clients pay nothing upfront. We only get paid a contingency fee if a workers’ compensation claim is approved. “We are passionate about Florida’s workers and want them to understand their rights under the workers’ compensation system, including the right to have legal representation,” said attorney Van Dingenen. Bringing that legal representation to the client allows the team at Van Dingenen Law to reach even more injured workers and ensure that they receive the medical treatment and compensation to which they are entitled from the workers’ compensation system.

Our workers’ compensation attorneys, paralegals, and staff members are dedicated to helping injured workers by making access to the legal system considerably easier with our new dedicated vehicle. We can even send a notary along to notarize documents when needed. Look for the Van Dingenen Law truck throughout central Florida as our team reaches out to help injured and ill workers.

Do not let confinement to your home or hospital stand in the way of securing experienced and committed legal representation. Let the Van Dingenen team come to you at a place and time that works best for you. If you need help with your workers’ compensation claim or would like to learn more about your legal options, get in touch with Van Dingenen Law today for your free initial consultation by calling 407-976-5377 or contacting us online.

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How Does Third-Party Liability Impact Workers’ Compensation Cases?

Fri, 22 Apr 2022 02:17:00 GMT

If you are injured while working, you have a right to seek workers’ compensation benefits to cover your medical expenses and wages. Many workers’ compensation cases are straightforward – if you are injured at work, your employer’s insurance covers the claim. Not every case is this open and shut. When your injury results from the negligence of a third party, your claim instantly becomes more complicated. A third party is considered a person not directly affiliated with your company. Your claim can become more complex when a third party is involved because the workers’ compensation insurance provider may seek subrogation rights.

Third-Party Negligence and Subrogation Rights

A third-party negligence claim happens when someone other than your employer is the cause of your injury. If a third party is involved in your injury claim, you may be entitled to additional benefits in addition to your workers’ compensation claim. In Florida, employees injured in a workplace accident are entitled to file a workers’ compensation claim and seek damages through legal action. There are situations where the insurance provider managing the workers’ compensation claim may step into the place of the injured party to pursue compensation in a negligence claim. The situation is called subrogation, and insurance carriers can choose whether to bring a claim to seek damages because a negligent party caused an insurance payout to occur. Your employer should provide you with safe working conditions at your job. When you are injured at work, your employer’s workers’ compensation insurance covers your medical care and recovery If a third party is at fault in your negligence claim, your employer’s insurance can sue the third party to recoup part of the payout.

Common third parties held liable in workplace injuries include:

Construction Companies : When construction site owners don’t provide safe working conditions and equipment, they could be held liable for the injury of those required to interact with their site. An example of this third-party liability would be if an employee working at a building undergoing renovation was injured in a construction accident.

Sub/Contractors : General contractors are responsible for the safety of their worksite. They are required to follow (Occupational Safety and Health Administration) OSHA guidelines, which are put in place to ensure the site is safe. Injuries on the worksite can lead to the general contractor or sub-contractor being held liable for failing to maintain a safe workplace.

Manufacturers : Factories can be a dangerous place for employees. There are many ways you can get injured while working, and if you are injured doing your job and the machine was the case of your injury, you may be able to sue the manufacturer of the machinery.

Drivers : If you’re injured while driving for work, you can collect workers’ compensation and file a lawsuit to hold the driver and other related entities liable.

In Florida, the insurer also has the right to step in and file suit against the negligent third party in your case. The injured employee has a year to seek damages from any third parties. After this time, the insurer has the right to file their claim. They will need to provide notice to the worker before filing the suit. The insurer files a lawsuit against the third parties to recoup insurance payouts made in your claim.

Our Florida Workers’ Compensation Attorney Can Help You

If you’ve been injured in a workplace accident due to the actions or inactions of a negligent third party, you are entitled to workers’ compensation benefits. In addition to your workers’ compensation benefits, you also have the right to seek damages from the negligent third party in your case. Any damages you recover in your third-party suit are subject to the insurer’s subrogation rights.

If you were injured at your workplace and you think you may be entitled to additional compensation from a third party, contact the workers’ compensation attorneys at Van Dingenen Law today. Call us at (407) 967-5377 to schedule a consultation.

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Workers’ Compensation Settlements with Release Forms

Tue, 11 Jan 2022 03:20:00 GMT

Ideally, when you file for workers’ compensation , your claim will be approved and you can get your benefits quickly. On the not-so-unlikely chance that your claim is challenged by the insurer or your employer, though, you will have to prepare for a back-and-forth to get what you deserve. At this point, most people hire a workers’ compensation attorney to represent them throughout the proceedings, discussions, and negotiations. With some skill – and possibly a bit of luck – your case will move towards a settlement.

Oftentimes, when a workers’ compensation settlement is offered, it will include a release form or some sort of “compromise and release agreement.” As someone who doesn’t deal with workers’ compensation laws each day, you probably won’t know what this means, and the opposing party might not give you a solid explanation. Again, this is why it is so important to work with a lawyer who can counsel you or act on your behalf.

The short of it is that a release agreement essentially states that, once you sign the settlement offer, the case is closed and done. You will be entitled to whatever compensation and benefits you agreed to receive in the settlement, but that’s all you can get. There will be no future opportunities to return to the case and seek further compensation for the same work injury, even if your health conditions worsen dramatically and unexpectedly later. The release agreement has given the insurer and your employer the right to walk away from any future issues your injury or illness causes.

Insurance companies like release agreements because it lets them close cases and not look back. Even if the claimant inadvertently signed a one-sided agreement that barely helps them recover from their work injury, the insurer will be released from liability and responsibility. Before you sign anything, you need to be sure you fully understand what it says, especially if the agreement acts as the end-all, be-all for your workers’ compensation claim, as they often do. Contacting a local workers’ comp attorney should be a priority the moment that your case meets any resistance or complication.

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Do Security Guards Get Workers’ Compensation?

Wed, 15 Dec 2021 03:21:00 GMT

Some jobs are accompanied by inherent dangers, like a security guard whose job is to patrol or watch a property and intercept any criminal wrongdoers who might be there. If you work as a security guard, can you expect to be given workers’ compensation benefits because your job is innately dangerous? Or do most security personnel not have workers’ compensation because the dangers of their occupation are “expected?” Whether a security guard gets workers’ compensation depends on the classification of that individual’s employment.

Security guards who are official employees usually have workers’ compensation coverage provided as an employment benefit. Most states require employers with more than a small handful of employees to provide those workers with workers’ comp. If a company has a property valuable enough to defend with a security guard, then it probably has enough employees to require workers’ compensation.

On the other hand, not all security guards and personnel are employees. It is not unusual for some security guards to be hired through a specialized contract and not answer directly to an employer. In this situation, the guard would likely be an independent contractor. In most states, independent contractors are not owed workers’ compensation coverage.

With this said, just because your job is inherently dangerous, that doesn’t mean you are guaranteed workers’ compensation benefits . It all depends on the classification of your employment and where you live.

If you live in Florida, work as a security guard, and need help understanding your options after being hurt on the job, Van Dingenen Law can assist you. Whether you are assaulted by a criminal or just slipped and fell while patrolling the grounds, you could be owed significant workers’ comp benefits. Contact us now to learn more.

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Why Doesn’t Workers’ Comp Include Pain & Suffering?

Wed, 03 Nov 2021 02:23:00 GMT

Workers’ compensation can provide you with plenty of useful benefits after you have been injured at work. But one benefit it probably will not give you is any sort of financial award for your pain and suffering. Even if you have been severely injured in a work accident, you aren’t entitled to pain and suffering damages through workers’ compensation. Why?

As a no-fault insurance system, workers’ compensation gives you benefits without considering why your work accident happened. This system almost guarantees that you are eligible to receive the benefits owed to you, except for when an insurance company or employee tries to interfere.

Yet nothing in the insurance world is ever “free,” so there is a “cost” to the relative ease of getting benefits: you can’t get non-economic damage. Insurance companies aren’t obligated to pay for your pain and suffering, just for your medical costs , a portion of your missing wages, and a few other things.

Suing a Third Party

Being hurt at work doesn’t mean you will automatically not be able to get any pain and suffering damage. It depends on why you got hurt at work. If a third party caused your accident, and not someone related to your employer, then you might be able to sue that party for any damages you don’t get from workers’ compensation, e.g. , pain and suffering damage.

For example, a food delivery driver is hit by a drunk driver while bringing food to a customer’s home. The food courier can use workers’ compensation for its full range of benefits and file a claim against the other driver. As noted, only damages that haven’t been claimed through workers’ compensation can be obtained in a second, separate civil claim, though. There’s no “double-dipping” allowed.

For questions about workers’ comp benefits and case management in Florida, come to Van Dingenen Law. Contact us now to arrange a consultation with our winning team.

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Do Seasonal Workers Get Workers’ Comp in Florida?

Sat, 02 Oct 2021 02:29:00 GMT

Halloween will be here soon, and with it, the official start of the holiday season. Employers of all sorts will start hiring seasonal workers to complete tasks that only need done for a short while, rather than year-round. For example, stores that sell Halloween merchandise and other spooky things are only open for about a month, so the workers are all seasonal.

This brings the question: “Do you seasonal workers get workers’ compensation ?” For this blog, we will be focusing on seasonal workers in Florida – and the answer is yes. Seasonal workers in Florida do qualify for workers’ comp and its benefits . Workers’ compensation coverage begins on the date of hiring, too. If you are working a seasonal job this year, then you should be covered in most situations, as long as your injury was job-related.

Job-related injuries suffered by seasonal workers can include:

When Workers’ Comp Might Not Apply

Your classification as a worker matters when it comes to getting workers’ compensation as a seasonal worker. If you are an employee, or if you are held to the same standards as an employee, then you should qualify for workers’ compensation, even if you are only working for your employer for a month or less. But if you are classified as an independent contractor or a subcontractor, then the situation can get cloudy.

Typically, independent contractors and subcontractors, including those hired seasonally, must carry their own workers’ compensation insurance. Employers are not legally obligated to place them under their policies. For example, if you were hired as a seasonal truck driver to complete additional routes during the holidays, then you might have been subcontracted, and your workers’ comp benefits might not exist unless you bought them.

If you aren’t sure if your seasonal work will qualify you for workers’ comp, then you should reach out to a local workers’ compensation attorney. You should especially seek help if you get hurt on the job while acting as a seasonal worker. Your employer might tell you that you don’t get workers’ comp, but this might not be the case. An investigation conducted by a lawyer can help get to the bottom of it.

For legal assistance with a seasonal workers’ comp case in Florida, contact Van Dingenen Law now.

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New Florida Law for 1st Responder COVID Workers’ Comp Claims

Fri, 17 Sep 2021 02:32:00 GMT

Florida is one of the worst-hit states during the ongoing coronavirus pandemic. Nearly 3.5 million cases have been confirmed in the state, as well as 50,000 deaths. First responders have felt endangered by the high virus counts, especially paramedics who often have to take COVID-19 patients to the hospital via ambulance.

In 2020, the Division of Risk Management announced that first responders and other public workers could get workers’ compensation if they were exposed to the virus while working. However, no additional steps were taken to ensure that COVID workers’ comp cases from first responders would be taken seriously or prioritized. An estimated 50% of all COVID-19 claims filed in Florida faced first-round denials because the insurance company argues – often successfully – that the claimant could have just as likely caught the coronavirus while off-the-clock.

To try to get first responders, like paramedics, police officers, and firefighters, the workers’ comp benefits they deserve, some Florida lawmakers have recently introduced House Bill 53. This bill would add a “rebuttal presumption” clause to the law, which essentially states that it can be presumed that a first responder diagnosed with COVID caught the virus because of their work. The insurance company would then have an opportunity to challenge that conclusion by proving the claimant got sick from an exposure that happened elsewhere. One caveat is that the claimant’s COVID diagnosis must have resulted in total disability, partial disability, or death.

HB 53 is not scheduled for review until January 2022, though. In the meantime, first responders in the state will continue to struggle to get the workers’ comp benefits they need to recover comfortably from the devastating virus. There is also no guarantee that the bill will be passed. With Florida legislation and politicians typically resisting COVID-19 mandates in all forms, there could be a significant chance that the bill will fail.

If you need help getting workers’ comp benefits after you were exposed to COVID-19 while working as a first responder in Florida, Van Dingenen Law can help you. Contact us online to request a free remote consultation , during which we can explain your rights and your options.

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COVID Workers’ Comp Claims in Florida Go Down in June

Tue, 03 Aug 2021 02:34:00 GMT

The Florida Division of Workers’ Compensation has recently reported that the number of COVID-related workers’ comp filings dropped significantly in June. There was a total of 298 such claims in June, which is less than half of the 749 filed in May. Since the beginning of the pandemic, there have been more than 44,600 COVID-19 workers’ comp claims filed in the state, with the largest amount being filed in January after a large ballooning of confirmed cases in the winter.

The drop in coronavirus-based workers’ compensation cases reflected a plummet in virus counts. In June, the average day saw around 1,400 new COVID cases in the state as vaccinations became more common. Shortly before in April, counts lingered around three times that amount.

Unfortunately, a huge surge of delta variant cases has begun in July. As of the time of this writing, the 7-day average for coronavirus counts in Florida is above 15,000. Although vaccines have proven highly effective at preventing serious symptoms, the delta variant’s breakthrough infection rate is concerningly high. A breakthrough infection occurs when someone shows symptoms of the virus despite having been vaccinated, even if those are just mild symptoms. Becoming contagious is far more likely when showing even mild symptoms, too.

It is likely that the sudden spike in counts will result in the need for another rise in workers’ compensation claims. Insurance companies, employers, and employees all need to be aware of this likelihood and increase virus precautions. Employers are encouraged to reconsider making masks mandatory for both employees and patrons while also reconfiguring their stores for social distancing if necessary.

If you need legal assistance with a workers’ compensation claim in Florida, then you can come to Van Dingenen Law. Insurers might be more eager to deny claims as more and more are filed in the coming months due to the coronavirus surge. With our help and guidance, you can confidently pursue the compensation you are owed without worrying about what the insurer or even your own employer might do to interfere. Call (407) 967-5377 or contact us online now.

Useful Resources

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How Long After an Accident Do You Have to Report It to Your Employer?

Thu, 08 Jul 2021 02:37:00 GMT

How long after a workplace accident do you have to report it to your employer if you’re employed in Florida? The state’s laws regarding workers’ compensation claims require you to report the accident and injury to your employer within 30 days. Otherwise, the workers’ comp insurance company handling your claim will be free to deny it.

However, waiting 30 days is not recommended. You should report your accident to your employer as soon as you possibly can. The longer you wait to report your accident, the more the details of your accident will start to become cloudy and inconsistent. If there are too many discrepancies in your report, then your employer and their insurer could become skeptical that the incident happened within the context of your employment.

Don’t assume that your employer “must know” about your accident just because it happened in a public place and was witnessed by other people, either. For example, if you slipped and fell at your cash register in front of customers and coworkers alike, then you might be tempted to assume that someone will tell your employer about it. Err on the side of caution and always make an official report with your employer yourself.

When Does Your Employer Have to Report Your Accident?

You need to tell your employer within 30 days about your workplace accident. But your employer needs to pass that report to their workers’ compensation insurance provider.

Legally, your employer must tell their insurer within 7 days of your report. Just like with your report, though, there is seldom a good reason to wait. Your employer should attempt to pass along your report and relevant information as soon as possible.

Once the insurance company receives your employer’s report about your workplace accident, they also must comply with a new statute of limitations. The insurer has to send you an information packet within 3 days of getting your employer’s report. The packet will likely be sent by priority mail, and it may be accompanied by a digital version sent via email if possible.

When Employers Refuse to Report Your Accident

Not all employers will be honest about the workers’ compensation claims process. They know that their insurance premiums will go up each time a worker gets injured on the job. To try to cut costs, they might refuse to notify the insurance company about your accident or intentionally delay your report to try to get you to give up entirely.

If your employer is not cooperating or is mismanaging your claim, then you can report your workplace accident directly to the insurance company. Of course, dealing with an insurer won’t be any more enjoyable than dealing with an uncooperative employer, so it is not recommended that you handle this process alone. Teaming up with a local workers’ compensation attorney can make a huge difference in the success of your case.

Workers in Central Florida and Orlando can come to Van Dingenen Law for guidance and representation during all sorts of workers’ compensation claims. Contact us now to arrange a free consultation.

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Workers’ Compensation Benefits for Theme Park Employees

Sat, 05 Jun 2021 02:42:00 GMT

Florida is world-famous for its theme parks that provide entertainment for the whole family. With COVID-19 vaccinations proving safe and effective, and approximately 40% of the American population being fully vaccinated at the time of this writing, many of the biggest theme parks in Florida are open for business again with operations feeling pretty close to “normal.” For example, Universal Studios Florida and Walt Disney World have recently announced that all of their parks and the majority of their attractions are open.

The reopening of major theme parks has also created an opportunity for a hiring boom in Florida, so there could be thousands of new theme park employees on staff. If you’ve recently landed a job at Universal Studios, Disney World, or another popular theme park in Florida, then there is no better time than now to learn about your benefits under workers’ compensation . Many employers gloss over workers’ comp in training, so employees often feel uninformed and unprepared in the event that they do get hurt at work. With a brief review here, though, we hope you’ll have a much better basic understanding.

Important benefits for a Florida’s workers’ compensation claimant are:

If you need help figuring out your workers’ compensation benefits as an injured theme park worker in Orlando or Central Florida, then Van Dingenen Law should be the first name to call. We can assist you with filing a claim, challenging a denial, creating a lawsuit, and more. Dial (407) 967-5377 and speak with our attorneys during a free consultation .

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Can Remote Workers in Florida Get Workers’ Compensation?

Tue, 04 May 2021 02:51:00 GMT

Remote work – or telework – has always been a pretty big thing in Florida, even before the ongoing coronavirus pandemic sent all sorts of workers into their homes. It is estimated that about 6% of workers – that’s just over 1-in-20 – in Florida are remote workers who get the majority of their job done at home instead of a company office or store. Now that the COVID vaccine is rolling out, businesses are seeing an uptick in activity, and remote workers are comfortably in their telework routines, the question of whether or not remote workers will qualify for workers’ compensation coverage is looming over a lot of minds again.

The workers’ comp code from the Florida Division of Workers’ Compensation does not say that workers must operate within a specified or dedicate workspace to qualify for workers’ compensation benefits in case of an on-the-job accident. To this end, remote workers in Florida should qualify for workers’ comp if they would qualify for the usual reasons. For most workers, qualification occurs if they are not an independent contractor and work for an employer who has more than 4 employees , with some limited exceptions.

Workers’ Compensation Coverage for At-Home Accidents

Importantly, workers’ compensation coverage for remote workers in Florida still carries the same umbrella of coverage definitions, i.e. , the covered worker must have been hurt while carrying out a job-related duty that happened during the “course and scope” of their employment. While working at home or your own remote office, you will probably encounter far fewer hazards than if you had to commute to and then work in a company HQ or retail location. You are also the only one who is responsible for the overall safety conditions of your home. Under these conditions, it can be more difficult to show that you were hurt in a job-related accident while under your own roof.

An at-home office worker who gets diagnosed with carpal tunnel syndrome linked to hours spent on a keyboard each week could have a good chance of getting workers’ compensation benefits, for example. On the other hand, the same office worker who trips over the leg of their computer chair in their at-home office while going to get a cup of water, falls, and hits their head might not. In that situation, the employer had no control over the cleanliness of the room or the condition of the office chair. The worker was also standing up to get water, which is not a work-related task.

When the link between an in-home injury to the work being performed is weak, it can be expected that the relevant insurance company will deny the claim and challenge it. Workers will have two options to pursue benefits: consider getting some sort of paid leave from their employer if the injury overtly does not qualify for workers’ compensation or fight the insurer and possibly their employer for workers’ comp benefits.

If you need to deal with an insurer or employer who thinks your in-home injury was not work-related and, therefore, does not qualify for workers’ compensation, Van Dingenen Law in Orlando would like to help. Schedule a free consultation with our firm to learn more about your options as a remote worker.

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Does Workers’ Comp Cover Repetitive Stress Injury?

Tue, 20 Apr 2021 20:04:00 GMT

A repetitive stress injury (RSI) is an injury caused by completing the same motion over and over, usually across an extended period. While an RSI might not seem as painful or problematic as an injury caused in an accident, the truth is that many RSIs are debilitating and need ample medical care to alleviate.

Another issue with repetitive stress injuries – sometimes called repetitive motion injuries or repetitive strain injuries – is that most people don’t realize that they can qualify an injured worker for workers’ compensation . In the average workers’ compensation policy, there will be an added clause about RSIs that qualify for coverage if the injury interferes with the employee’s ability to work and was caused due to a work-related task. Even if there is no specific mention of repetitive stress injuries, the underlying concept of workers’ compensation should cover these injuries automatically.

Repetitive stress injuries often associated with some sort of work-related duty are:

Workers’ Compensation Claims for RSIs

Workers’ compensation benefits should be awarded to injured workers, regardless of fault for the injury. This system usually means it is easier to get benefits without needing to prepare proof of the injury’s connection to the job. For example, someone who falls off a ladder at work and suffers an arm injury can clearly argue how the injury was caused by a work-related duty. For RSI patients, though, things might not be that simple.

Insurance companies might push back if there is no clear evidence that your repetitive stress injury was caused by your work activities. We advise you to speak with a workers’ compensation attorney before filing your claim to get a better understanding of what challenges you might encounter and how to overcome them.

Workers living with repetitive stress injuries in Central Florida can count on Van Dingenen Law for compassionate and experienced legal guidance. From our office in Orlando, we can assist you with any step of your workers’ compensation claim process to keep you facing the best possible outcome. Contact our firm at any time to learn more.

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Publix Can Be Sued for Worker’s COVID Death, Judge Says

Wed, 10 Feb 2021 21:09:00 GMT

In a previous blog entry , we reported that Publix was being sued by the family of a worker who died from COVID-19. The worker, Gerardo Gutierrez, was not allowed to wear a mask while working in the deli of the Miami Beach store, despite growing coronavirus concerns. He passed away in April from the deadly virus, marking one of the first recognized retail worker deaths from COVID-19 in the state.

Since that report, Publix has tried to slap down the pending lawsuit by claiming it must be handled purely from a workers’ compensation standpoint. In other words, Publix has argued that workers’ compensation death benefits should be used to compensate Gerardo’s surviving family members and effectively allow the company to sidestep any responsibility for his death.

However, in a positive decision for retail workers across Florida and the country, Miami-Dade Circuit Judge Carlos Lopez denied Publix’s bid and protected the pending lawsuit. As such, Publix has until February 25 ^th , 2021 to respond to the lawsuit, either by admitting liability and entering settlement negotiations or denying liability and sending the case to courtroom litigation.

Why is the Publix COVID Case a Civil Lawsuit?

Workers’ compensation is meant to provide guaranteed damages to workers and their families when an accident or injury occurs on-the-job or due to typical working conditions. In exchange for a quick path to a recovery, workers’ comp claimants are usually barred from suing their employers for negligence and additional damages.

Although, in rare circumstances, a work-related injury or illness can validate a personal injury or wrongful death claim in addition to or instead of a workers’ compensation claim. Typically, an employer can only be sued if they intentionally hurt a worker or acted with such gross negligence that they should have reasonably known that their actions would end up hurting a worker. The latter is what is being argued in the COVID death lawsuit against Publix.

Legal representatives for Gerardo’s family have argued that he passed away not due to an accidental workplace injury, but rather due to the intentional negligence of Publix. The company had reportedly told employees that they could not wear a mask on-the-job because it might frighten shoppers and cause them to leave the store. If true, then the decision would clearly be one that places profits over the wellbeing of its workers, which would constitute gross negligence and justify the lawsuit.

Van Dingenen Law in Orlando is paying attention to statewide news stories about the coronavirus and its impact on workers in all industries. To learn more about the ongoing lawsuit against Publix, you can click here to view a full article from the Sun Sentinel , or you can visit our blog frequently for important updates. If you want our help with a workers’ comp claim or lawsuit of your own, don’t hesitate to contact our attorneys at any time to schedule a free and confidential consultation .

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Florida COVID Workers’ Comp Claims Spike

Tue, 05 Jan 2021 21:11:00 GMT

The National Council on Compensation Insurance (NCCI) has recently reported that Florida is among the states with the most COVID-19 workers’ compensation filings. Alaska, Colorado, Connecticut, and New Jersey are also among the top five states with comparatively high coronavirus workers’ comp filings.

Based on the NCCI findings, Florida has 300+ coronavirus-related claims for every 100,000 “active claims.” Under insurance definitions, an active claim is one that has progressed to the point of the claimant receiving medical treatment for their injury or illness at least once. In comparison, the average among all states is at about 200 such cases, which means Florida is reporting cases 50% more often than most other states.

The data that NCCI used is also limited to the first half of the year as more information is compiled and verified. It is possible that the five states with the most COVID-19 workers’ compensation cases in all of 2020 could look differently.

What Workers Are Affected the Most?

Approximately 70% of the COVID-related workers’ comp claims filed in Florida in the first six months of 2020 were filed by female workers. The inordinate amount is believed to be caused by the fact that nurses and nursing home caretakers are among the occupations most at risk of workplace exposure to the virus, and both of these industries are predominantly female in the state. Nearly 90% of such workers in Florida are women, so the NCCI data is likely in line with statistical expectations.

Coronavirus Cases Sending Workers to the Hospital

The NCCI found that 20% of the active claims used in their study involved a worker who was hospitalized for coronavirus symptoms. Overall, about 4% of those active claimants needed ICU or ventilator treatments. The average hospital stay was 9.5 days.

This information is especially concerning as it again underlines the danger the coronavirus presents. With this information, it can be assessed that someone who is diagnosed with coronavirus symptoms has a 1-in-5 chance of needing hospitalization. 4 out of every 100 people will need ICU care and could be at a heightened risk of severe permanent side effects or death.

Of special note, NCCI data showed that about 16% of all workers’ comp claimants who filed after receiving a coronavirus diagnosis had comorbid conditions, such as another chronic health condition that could make them more susceptible to the virus. When considering those who filed a workers’ comp claim for another reason, comorbidities were found in just 5% of cases. This data point could show that coronavirus symptoms are three times more likely to worsen or manifest in people with comorbid conditions, but further study will be required to reach a solid conclusion.

To learn more about how the coronavirus is affecting workers and workers’ comp claims in Florida , you can click here to read a full article from CBS Miami. If you need help obtaining workers’ comp benefits after being diagnosed with COVID-19 or after any other work-related injury, you can reach out to Van Dingenen Law . Our attorneys help clients throughout Orlando and Central Florida get the help they need and deserve. Contact us now at (407) 967-5377 for a free consultation .

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Do Construction Workers Get Workers’ Comp in Florida?

Mon, 07 Dec 2020 21:12:00 GMT

The Occupational Health and Safety Administration (OSHA) considers the construction industry as one of the most dangerous in the country due to the inherently high risk of on-the-job injuries. Heavy equipment, toxic chemicals, great heights, busy vehicle traffic, and more are all common sights around a typical construction site. With construction work being assumedly dangerous, even under ideal safety conditions, does that mean that construction workers can assume that they are covered by workers’ compensation ?

For this blog entry from Van Dingenen Law, we will answer the question while considering Florida workers’ compensation law, which is to say ‘ yes .’ Construction workers in Florida should be able to assume that they have workers’ compensation and access to its benefits because the state does now allow anyone working in construction, especially in inherently hazardous job positions, to be considered as an independent contractor. Therefore, the vast majority of people working in the construction industry should be considered employees who get workers’ comp coverage.

Florida Laws to Protect Construction Workers

Florida is somewhat unique when compared to most other states in the country in that it requires construction workers to be categorized as employees. People doing the same work in other states are usually considered independent contractors who are not owed any amount of workers’ compensation coverage, which can make completing a high-risk task on a construction site truly nerve-wracking. But in Florida, as an employee, construction workers can get a bit more peace of mind in knowing that they should be automatically provided certain workers’ comp benefits in case of an accident, even if that accident was caused by their own mistakes. Workers’ compensation is a no-fault system, so liability is secondary or completely set aside in most claims.

To further protect construction workers, Florida law also requires that all employees performing construction work are provided workers’ compensation. This rule runs contrary to the statewide law that says employers only need to buy workers’ comp insurance if they have four or more employees. In other words, a small-time construction company with one boss and two employees who actually do the manual labor still needs to invest in a workers’ compensation insurance policy for those two construction workers.

Filing a Construction Accident Workers’ Comp Claim

Injured construction employees in Florida must report their accident and injuries within 30 days of it occurring. Ideally, you should tell your employer the same day as your accident to keep the details of it fresh in your mind, to improve your chances of recovering by seeking company-provided medical care sooner than later, and to ensure you do not miss the reporting deadline. Although, if your injuries start subtle or gradually worsen with time, like a back injury suffered from continually lifting heavy tools around a construction site, then you have 30 days to report it starting from when you first relate that injury to your construction work.

If you notify your employer of your workplace injury right away, then they should arrange to have you taken to an urgent care facility or an emergency room as soon as possible. Your supervisor or employer’s HR department should also arrange to have your injury report sent to their workers’ comp insurer for review and benefits approval. At this point is when matters can get complicated. Insurance companies are businesses that need to make a profit, so paying even a dime to a claimant is not a preferred situation for them.

It is recommended that you talk to a workers’ compensation attorney as soon as there is any sort of resistance, pushback, or denial from your employer or their insurance provider. Call (407) 967-5377 to connect with Van Dingenen Law to arrange a free consultation with our legal team . From our office in Orange County, we can represent injured construction workers from throughout Central Florida.

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Family Sues Publix Over Worker’s COVID Death

Tue, 24 Nov 2020 03:20:00 GMT

A 70-year-old Miami Beach man working for a Publix deli in the area died from COVID-19 complications in April. His surviving family is now suing the grocery chain for negligence, alleging that he had asked to wear a mask to protect him from the coronavirus but was denied by his employer. The grocer would not allow employees to wear masks until after the man was suffering the worst symptoms of the virus.

Based on information released alongside news of the lawsuit, the elderly Publix employee worked next to a sick coworker on March 27 ^th and 28 ^th . Publix would not allow him to wear a mask without a doctor’s note, though. About a month later, he would pass away from COVID-19 in his own home.

According to preliminary reports, the man’s surviving family is only suing for $30,000 in damages. It is not clear how the damages have been arranged.

Accusations of Publix’s Negligence

The lawsuit filed against Publix claims that it should have recognized the telltale symptoms exhibited by the ill employee who more than likely acted as the source of the elderly employee’s coronavirus exposure. Instead of sending him home or stopping him from clocking in, Publix allowed him to work for at least two days in the deli section of the grocery store. That same employee would later test positive for COVID-19 in early April.

The surviving family members are arguing that Publix failed to take the public health crisis seriously by allowing a sick employee to continue working closely with others and by denying workers the opportunity to wear masks freely. Publix has also been named in numerous complaints to the Occupational Safety and Health Administration (OSHA) for initially banning the use of protective masks and gloves in the store. Allegedly, the grocer thought that shoppers would get scared and leave the store if they saw employees wearing protective masks.

One Case Among Many

The Publix COVID-19 wrongful death claim in Miami Beach is a tragedy. It is even more concerning in considering that it is one such case among many being filed against companies across the country right now. Several major names like Walmart and Tyson Foods have been hit with wrongful death claims and workers’ compensation claims in the wake of the coronavirus spreading through their workplaces. Many of these cases originate from the early stages of the pandemic when corporations were still slow to go along with basic safety precautions like wearing masks and social distancing.

Many defense arguments have tried to say that the coronavirus’s spread throughout large workspaces was “inevitable” and, therefore, the corporations cannot be held liable for worker illnesses and deaths. Given that not all corporations and workspaces have had to deal with the deadly virus afflicting their workforces, this argument seems to be flawed at best. In a workers’ compensation claim, the employer must usually prove that they did all they could to prioritize the health of its employees, which it seems Publix arguably did not do in this case.

To learn more about this unfolding story, you can click here to view a full article from the Tampa Bay Times. (You may be required to log-in or subscribe.) To file a workers’ comp claim in Orlando or the surrounding area, including those related to COVID-19 exposure in the workplace, you can call (407) 967-5377 and speak with a member of Van Dingenen Law. Free consultations are available for inquiring clients.

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5 Florida Workers’ Comp Questions You’ve Probably Asked

Tue, 20 Oct 2020 02:20:00 GMT

Do you know the details of your workers’ compensation coverage and the benefits it can give after being hurt on the job in Florida? If you are like so many other workers and employees, then you probably do not. Employers often do not take the time to adequately explain this important coverage to their staff, leaving people uncertain of their rights after a workplace accident.

To spread some useful information, our team from Van Dingenen Law would like to take this time to answer a few Florida workers’ compensation questions you have probably asked yet never seen anyone else answer. If you have additional questions and need assistance with a claim, you can call us at (407) 967-5377 . From our office in Orlando, we represent clients throughout Central Florida.

Do You Have to Pay Any Medical Bills?

A key benefit of workers’ compensation coverage is the full payment of medical treatments . You should not need to pay any amount of the cost for a treatment deemed to be medically necessary for your work-related injury. Even small copays should be waived upfront to be paid by the insurer.

However, there can be a catch: the insurer could argue that your medical treatments were unnecessary. Elective treatments are not covered by workers’ compensation. An insurance company looking to save some on a payout could try to pick and choose which treatments you have received that it wants to deem as “unnecessary,” even when a doctor has said it was needed to take care of your injuries.

Do You Get Wage Replacement Benefits?

You do not need to be paid anything for lost wages if you are unable to work for 7 days or less due to your workplace injury. On the 8 ^th day, though, you can start to receive a portion of your regular wages through a benefit check. If you are unable to work for more than 21 days, then you can receive back pay for the wages you did not earn in those first 7 days.

Benefit checks are typically paid to claimants once every two weeks. If eligible, you will be paid 66-2/3% of your average weekly wage, which will likely be based on what you were paid on average across the last 13 weeks before you were hurt. This amount can be adjusted if you worked for only 75% of the days or less during that 13-week reference period. The adjustment will reflect what a worker at a similar position and payroll would have earned in 13 weeks had they worked more than 75% of those days.

Are Pay Benefits Taxable?

The benefit checks that you receive are not taxable, meaning you should not lose any of that money to income taxes. You can be taxed, though, if you return to work under modified expectations while still receiving workers’ compensation benefits. In that situation, though, the taxes should only apply to the wages you earn due to working, not to the benefits that you receive through your employer-provided workers’ comp policy.

How Long Does It Take to Get a Benefit Check?

Florida law typically requires employers and insurance companies to work quickly after receiving word of an injured employee and workers’ comp claimant. Most people should receive their first benefit check within 21 days or 3 weeks of reporting their injury to their employer. With that in mind, your first check will more than likely not reflect the first 7 days of work you missed due to your injury. The insurance company would have likely written the check well before the extent of your injuries and disabilities could have been understood.

If you do not receive your first check within 21 days, then you have several options to use when figuring out why. You can talk with a workers’ compensation lawyer, speak with the insurance company or your employer for details, or call the Florida Bureau of Employee Assistance and Ombudsman (EAO). The same is true if you have been receiving workers’ compensation wage replacement benefits and the bi-weekly checks have inexplicably stopped arriving in the mail at predictable intervals.

Can You Get Workers’ Comp & Social Security Benefits?

When a worker is severely injured and rendered disabled, workers’ compensation benefits might not be enough to keep them financially afloat. Depending on the type of injury and disability, the injured worker might be able to also receive benefits through the Social Security Administration (SSA). Workers’ compensation benefits are not mutually exclusive from SSA benefits, so it is possible to receive both at the same time.

Although, Florida law limits your pay benefits to no more than 80% of your average weekly wages before you had your workplace accident. If your SSA benefits combined with your workers’ comp benefits would cause you to earn about that 80% cap, then the money provided by the workers’ compensation insurance company will be reduced until your benefits are once again compliant with Florida law.

Remember: If you have any further questions about workers’ compensation rules in Florida, then you can contact Van Dingenen Law in Central Florida. Initial consultations about workers’ comp claims are completely free.

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10 Most Common Types of Workers’ Compensation Claims

Fri, 21 Aug 2020 02:21:00 GMT

The average workers’ compensation insurance policy can provide benefits to a worker who has been injured for all sorts of reasons. Everything from serious injuries suffered in a car accident and illnesses contracted while helping a sick to mental health difficulties due to unavoidable stressors of the job can all be valid reasons to file for workers’ compensation in most states. There are simply too many reasons to file for workers’ compensation to list in one place, but we can take a look at 10 of the most common reasons to get some insight into what accidents and mistakes happen often in workplaces around the country.

10 of the most common reasons workers get hurt and need workers’ comp are:

Attention workers in Orland and Central Florida: If you have been hurt for any reason while on-the-job, call (407) 967-5377 to connect with Van Dingenen Law. Our workers’ compensation attorneys have more than 25 years managing difficult claims and securing hundreds of millions of dollars for our clients. We would like to see if we can help you after a workplace injury as well.

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Can Hiring A Workers’ Comp Attorney Get Me Fired?

Thu, 04 Jun 2020 02:24:00 GMT

Your Employer Cannot Retaliate Against You

If you’ve been injured on the job and are experiencing challenges with filing your workers’ compensation claim , such as pushback from your employer or a dispute from the workers’ compensation insurance provider, you might have some understandable concerns about what could happen to your employment if you decide to work with an attorney. However, by law, your employer is not allowed to retaliate against you for being injured at work, filing a workers’ compensation claim, or hiring an attorney. Simply put: it is illegal for a company to discriminate or harass an employee for the sole reason of that employee being injured at work or hiring an attorney to assist them with their workers’ comp case.

Examples of Retaliation

It’s also important to note that retaliation does not only include firing; being demoted, denied a promotion for which you are otherwise qualified, and being harassed for filing a workers’ compensation claim or hiring an attorney are all forms of unlawful employer retaliation. If you believe you have been retaliated against by your employer, now is the time to seek legal representation. Reach out to Van Dingenen Law to discuss your situation with one of our Orlando workers’ compensation lawyers during a free and confidential consultation. As workers’ comp attorneys, we are here so that you can have someone on your side looking out for your rights.

What Happens If I Settle My Case?

Hiring a workers’ compensation attorney does not affect your employment unless you decide to settle your case, at which point you may be let go by your employer. Most workers’ compensation cases do eventually end up settling and in many cases, voluntary resignation is included among the settlement terms. In order to settle your workers’ compensation case, you may be required to resign from your job or you may be terminated as part of the settlement agreement. However, it is important to note that only at this point in time can an injured worker be forced to separate from their employer. If a settlement has not yet been reached, your employer cannot fire you or make you resign because you were injured, you had filed a claim, or hired a workers’ compensation attorney.

Can I Keep My Job If I Settle My Workers’ Compensation Case?

Some employers do allow injured workers to settle the case and keep their job. This is determined on a case-by-case basis, and there are many factors that affect whether your employer may allow you to keep your job if you settle your workers’ compensation case. We encourage you to reach out to our attorneys to learn more.

Do I Have to Hire a Workers’ Compensation Attorney?

You are not required by law to hire a workers’ compensation attorney in order to file a claim in Florida. However, there are many reasons why you may want to do so.

Depending on your situation, these next steps could include filing an appeal, disputing early termination of your benefits, or preparing for your workers’ compensation hearing.

What Can a Workers’ Comp Lawyer Do For Me?

An experienced attorney can negotiate with the insurance company, collect evidence in support of your claim, and represent you during the hearing. All of these things are incredibly difficult to do on your own. Working with an attorney increases your chance of a better outcome and eliminates much of the stress of navigating the workers’ compensation system on your own.

Another reason to hire a workers’ compensation attorney is that it probably doesn’t cost as much as you think. In fact, at Van Dingenen Law, we offer contingent fees , meaning we do not collect any attorneys’ fees unless we are successful in your case. In the unlikely event that we do not recover benefits or a settlement in your case, you do not owe us a dime. Hiring a workers’ comp attorney can help you receive the compensation you deserve. Additionally, your initial consultation is completely free, so there is no risk in contacting us to learn how we can help you with your claim.

Please contact us via online form or call (407) 967-5377 if you have any questions regarding workers’ compensation and how it may affect your employment.

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Who Is Exempt from Workers’ Comp in Florida?

Fri, 22 May 2020 02:26:00 GMT

Who Is Exempt From Workers’ Compensation Insurance in Florida?

The state of Florida has specific laws regarding which employers must carry workers’ compensation insurance , as well as which workers are covered. Generally speaking, any business with fewer than four employees is exempt from workers’ compensation insurance.

Businesses with four or more employees, whether those employees work part-time or full-time, must carry workers’ compensation insurance that covers all employees. For the purposes of workers’ compensation, business owners who are also corporate officers (non-sole proprietors) and members of Limited Liability Companies (LLCs) are considered to be “employees,” but sole proprietors and partners of business partnerships are not.

So, if you are an employee of a business with at least three other employees, you are covered by workers’ comp. If, however, your employer has fewer than four employees, you may not be covered.

While this is the general rule for most businesses in Florida regarding workers’ compensation coverage, the state also has industry-specific rules regarding who must provide workers’ compensation and which employees are covered.

Continue reading to learn more, or call Van Dingenen Law at (407) 967-5377 for assistance with your workers’ compensation claim. We offer free initial consultations ; get in touch with us today!

What Are the Workers’ Comp Requirements in the Construction and Agricultural Industries?

Florida has specific rules for workers’ compensation coverage within the construction industry and the agricultural industry. If a construction company employs even one employee, it must carry workers’ compensation insurance.

This includes the business owner if the business owner is a corporate officer; it also includes members of an LLC. The state also clearly defines which jobs are classified as being in the construction industry.

These include (but are not limited to):

This is not a complete list; you can view the full list of designated construction industry workers here .

What Are the Special Rules for Those in Construction?

Contractors across all industries in Florida must make sure that subcontractors have the appropriate and/or required workers’ compensation insurance coverage prior to beginning any work on a project. If the subcontractor does not have workers’ compensation insurance, the contractor will be responsible for paying benefits if an employee is injured.

What Are the Special Rules for the Agricultural Industry?

Florida also has specific workers’ compensation rules when it comes to the agricultural industry. Agricultural businesses must carry workers’ compensation insurance if they have 6 or more regular employees and/or 12 or more seasonal workers.

In order to qualify, seasonal workers must work for the employer for more than 30 days during a single season, but not more than 45 days in a single calendar year.

Are Independent Contractors Covered by Workers’ Comp in Florida?

The short answer: no. Independent contractors are not considered “employees” and, therefore, are not covered by an employer’s workers’ compensation insurance. In order to be considered an independent contractor according to Florida law, one must pass the “right to control” test .

What is the “Right to Control” Test?

This test includes things like how much control the employer has over the details of the work performed, including how it is performed.

It also looks at:

In some cases, an employee may be misclassified as an independent contractor. This could be an honest mistake on the part of the employer but, in many cases, it is an intentional misclassification.

An employer may misclassify employees as independent contractors in order to avoid having to purchase workers’ compensation insurance and provide benefits to injured workers.

The Florida Division of Workers’ Compensation and Exemptions

The Florida Division of Workers’ Compensation allows employers to file an application to make certain types of workers exempt from workers’ comp coverage. One common example is when a construction company files to make exempt any independent contractors they hire for a project.

If that worker is injured on the job and the exemption application was approved by the Florida Division of Workers’ Compensation, then no workers’ comp coverage would be provided to that worker.

Why Would an Employer Want to Exempt a Worker?

An employer might give you many reasons as to why they filed to make your job position exempt from workers’ compensation coverage. But the underlying truth of whatever they tell you is probably simple: it saves them money.

The more employees a company has, the larger the insurance premium they will pay to the company providing their workers’ comp insurance. If your position can become exempt, then they stand to save money each month.

Are You Exempt from Workers’ Comp?

Your employer should make it clear to you if you have workers’ compensation coverage or not. Yet not all employers will be straightforward. You could get into a workplace accident and only then be told that you have been made exempt from coverage.

Have Questions About Workers’ Compensation Exemptions in Florida? Contact Van Dingenen Law Today.

At that point, it is highly advised that you speak with a local attorney who knows the law and businesses in your area. If you live in Orlando, then you should make Van Dingenen Law your first choice for legal guidance and representation.

We have more than 25 years of legal experience focused primarily on complex workers’ compensation cases for claimants. Our representation has recovered hundreds of millions of dollars in verdicts and settlements for injured workers and their families throughout the years. Let us see if we can apply the same caliber of legal service to your workers’ comp case as well.

If you believe you have been misclassified as an independent contractor, or if you need help with any aspect of your workers’ compensation claim or claim denial , contact Van Dingenen Law via online form or call (407) 967-5377 today.

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Can I Be Fired While Collecting Workers’ Compensation in Florida?

Wed, 29 Apr 2020 02:28:00 GMT

Many people are under the assumption that they cannot be fired while they are on workers’ compensation . Unfortunately, this is not the case. Florida is an “at-will” state, meaning any employer can fire any employee at any time and for just about any reason. The only time an employer cannot fire a worker is when doing so violates that worker’s rights as protected by state and/or federal employment law. An example of when it would be unlawful for an employer to fire someone would be if the reason for firing was discriminatory, meaning the employee was fired because of his or her race, age, sexual orientation, religion, or any other protected class.

All this to say, yes, unfortunately, your employer can fire you while you are collecting workers’ compensation benefits. However, there is one very important exception to this: your employer cannot fire you because you are collecting workers’ compensation benefits or because you were injured on the job or filed a claim. This is known as retaliation and it is a violation of your rights.

When Is a Lay Off Considered Retaliation?

The current coronavirus pandemic has forced the closure of countless businesses throughout Florida and across the U.S., prompting widespread layoffs and soaring unemployment rates. When deciding who to lay off, employers may choose to terminate employees who are currently collecting workers’ compensation—and this does not necessarily equate to retaliation.

For example, if a business lays off an entire department in order to reduce costs in response to the temporary shutdown, including an employee within that department who is collecting workers’ compensation, it is highly unlikely that the employee will be able to prove he was retaliated against. However, if the business lays off an entire department and a single employee from a completely different, unrelated department who filed a workers’ compensation claim, this could indicate a problem.

Proving that you were retaliated against by an employer for filing for and/or collecting workers’ compensation benefits is rarely an easy task. If you believe you were wrongfully terminated, it’s important that you work with an experienced attorney who can help you navigate this process.

What Will Happen to My Workers’ Compensation Benefits If I’m Laid Off?

With so many employees facing layoffs, many are understandably concerned about what will happen to their workers’ compensation benefits if they are fired or let go. As long as you were not fired for “cause,” meaning you were not fired as a result of your own egregious error and/or misconduct in the workplace, you are still entitled to continue collecting workers’ compensation benefits after you have been let go.

If you were laid off as a result of the ongoing COVID-19 pandemic or for any lawful reason while collecting workers’ compensation benefits, you should still be able to collect temporary disability benefits—including medical and wage replacement benefits—until you are offered light duty employment or until you have reached maximum medical improvement. If you reach maximum medical improvement and you are determined to have a permanent disability, you can receive permanent disability benefits, which are calculated based on your impairment rating.

Have Questions? We Can Help!

If you were fired after filing for workers’ compensation or if you were let go and are concerned about your ability to continue collecting benefits and receiving critical care, reach out to our workers’ compensation attorneys. At Van Dingenen Law, Florida workers’ compensation is all we do. We understand the system and are prepared to help you navigate the process during this uncertain time. Contact us today to request a no-cost, no-obligation consultation.

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Workers’ Compensation Benefits for the Aggravation of Pre-Existing Conditions

Thu, 13 Feb 2020 03:38:00 GMT

The workers’ compensation system provides benefits to people who have been injured on the job. Although many workers’ compensation claims relate to incidents such as broken bones, machinery accidents, and other singular events, claims can be filed for any injury that is work-related. This includes cases in which a person’s job aggravates a pre-existing condition.

Filing a claim related to a pre-existing condition can be more difficult than a typical workers’ compensation claim. In many of these cases, employers and their insurance companies attempt to downplay the severity of an injury or deny an injury’s work relation because of the association with a pre-existing condition. They may claim that because your injury existed previously, you are lying about its’ work relation to receive benefits.

When facing these hurdles to your workers’ compensation claim, it is important to remember that people whose work aggravated a pre-existing condition are entitled to benefits. You will need to concretely establish the link between your job and the aggravation of the injury — at Van Dingenen Law, our attorneys can help you do this. We can defend your rights throughout the workers’ compensation claim process and enlist the help of qualified medical experts to demonstrate the occupational link to your employer and their insurance company, if necessary.

Workers’ Compensation Statute of Limitations in Florida

When filing a workers’ compensation claim for a pre-existing condition, it is important to keep the statute of limitations in mind. Work injuries associated with pre-existing conditions are often repetitive strain injuries, or injuries caused by tedious, repeated motion such as typing. Unlike injuries that can be linked to a single incident, the timeline of these types of injuries can rarely be pinpointed.

The statute of limitations on workers’ compensation claims is 2 years following the date of injury. If your injury developed over a long period of time and cannot be linked to a singular accident, the statute of limitations begins once you realize that your job was the cause of your injury. Your employer and their insurance company may attempt to devalue your claim by alleging that you filed it outside of the statute of limitations. Again, the input of a medical expert and the guidance of our skilled legal team can help you establish the timeline of your injury and the viability of your workers’ compensation claim.

The Van Dingenen Law legal team specializes in workers’ compensation law. We are available to discuss your work injury questions during a no-cost case evaluation.

If you are interested in discussing your workers’ compensation case with our lawyers, complete our contact form or call (407) 967-5377 to request a free consultation.

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Taxes and Co-Pays, and Additional Expenses While Receiving Workers’ Compensation Benefits

Sat, 01 Feb 2020 03:40:00 GMT

Following a work injury, workers’ compensation benefits cover employees’ medical bills, lost wages, and some other expenses. If you were injured at work and are interested in pursuing a workers’ compensation claim, you may be curious about your financial responsibilities while receiving benefits.

Nearly every source of income or financial award is taxed. Bonuses, inheritances, and even lottery winnings require tax payments. Workers’ compensation claimants often wonder about their responsibility to pay taxes on workers’ compensation benefits, and co-pays for their work injury treatment. In most cases, occupational injury victims can receive workers’ compensation tax-free and without the need to provide co-pays at medical appointments.

Do I Have to Pay Taxes on Workers’ Compensation Benefits?

You will not need to pay taxes on your workers’ compensation benefits. If you go back to work in a modified capacity while receiving workers’ compensation benefits — for example, working in a less demanding role — you will be responsible for income taxes. However, your workers’ compensation benefits will still be untaxed if you continue to earn them while working.

Do I Need to Pay a Co-Pay on Medical Treatment for My Work Injury?

When receiving employer-mandated medical care to treat a work injury, you will not be responsible for any copayments. Keep in mind that this is only true until you are labeled as healed by your doctor, or “have reached maximum medical improvement.” This is usually the point when your required treatment will cease. Any treatment you receive after this point will require the payment of co-pays because it was not ordered and will be considered separate from the workers’ compensation system.

Non-Medical Expenses Covered by Workers’ Compensation

There are many peripheral expenses, other than medical bills, that can result from a work injury. Transportation expenses are just one example of an added cost that commonly arises following an on-the-job accident. If you were injured at work, you may be wondering if your workers’ compensation benefits will cover these expenses as well.

Workers’ compensation benefits should cover all expenses that result from a work injury, not just your medical bills. The purpose of workers’ compensation is to cover all costs incurred following an occupational accident. Non-economic damages, however, are not covered by workers’ compensation.

The Van Dingenen Law legal team focuses exclusively on workers’ compensation cases. We are available to discuss the details of your claim.

For a free consultation with our attorneys, complete our contact form or call (407) 967-5377.

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Toxic Mold Exposure: Is Black Mold in Your Workplace?

Sat, 19 Oct 2019 02:42:00 GMT

Does your office have a strong smell to it when it is humid outside? Have you noticed strange discolorations on the walls and ceilings of your workplace? Have people around your job been getting sick with increased frequency lately? Dangerous mold growth and the exposure to it could be the underlying cause. It might even be harmful enough to take you off the job for a while, making you eligible to receive workers’ compensation in the meantime.

Black Mold Growing in Workspaces

According to the Centers for Disease Control and Prevention (CDC), black mold – scientifically named Stachybotrys chartarum – is a potentially harmful strain of mold that is “ not rare ,” meaning it is more common than most people realize. In other words, it can grow and spread in most moist, humid, and damp environments. Black mold, in particular, thrives where there is excess moisture, like under a breakroom sink that has a leak.

Black mold has also been known to grow rapidly on:

If your office is not continually dusted and cleaned, then it could be harboring black mold growths. Each time you come into work, you may be unknowingly exposed to black mold and suffering the health consequences of it.

What Harm Can Black Mold Do?

Repeated exposure to black mold spores in the air can cause you to develop mycotoxicosis or mold poisoning.

Symptoms of mold poisoning in most people include:

In some cases, it is believed repeated black mold exposure can cause life-threatening symptoms, such as respiratory failures. People with allergies to mycotoxins weakened immune systems, asthma, and other pulmonary diseases are more susceptible to developing severe mycotoxicosis symptoms.

How Can You Tell If There is Black Mold in Your Workplace?

There are dozens of known strains of mold that can grow in the average indoor climate. Many are known to be benign, but a few like black mold can be dangerous. How can you differentiate between black mold and another form of mold?

The CDC warns that you probably cannot. Unless you have a scientific laboratory at hand and the right training, you are unlikely to be able to distinguish black mold from another strain since most appear to be dark green or black under the naked eye. If you see mold in your workplace, then it is better to assume it is dangerous, remove yourself from the area, and notify your supervisor or employer immediately.

If you don’t actually see mold, there are other warning signs it might be growing in your workplace:

Can You Get Workers’ Comp for Mold Exposure?

It is your employer’s responsibility to ensure you are provided a clean and safe workspace free of hazards of all types, including potentially dangerous mold growth. If you do develop symptoms of mycotoxicosis from black mold growing in your workspace – be it an office, retail store, the agricultural field, etc. – then it can constitute an occupational hazard. As such, exposure to it and the symptoms suffered were caused directly due to your job duties. Therefore, black mold exposure can be grounds for receiving workers’ compensation benefits .

If you live in Orlando and the surrounding Central Florida region and need help pursuing workers’ compensation benefits due to black mold exposure, you can come to Van Dingenen Law for legal guidance. For more than 25 years of combined legal experience, our attorneys have been by the sides of workers just like you in a situation much like yours. Discover the difference our representation can make for your workers’ comp claim by calling (407) 967-5377 today to schedule a free consultation .

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What If My Employer Doesn’t Have Workers’ Comp?

Fri, 13 Sep 2019 02:44:00 GMT

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Workplace Safety: What You Need To Know About Worker Safety In The Workplace

Tue, 16 Jul 2019 02:45:00 GMT

While certain occupations are unavoidably riskier than others, all workers have the potential of sustaining an accident or injury, especially if working under unsafe conditions. No matter how hazardous an industry or job may be, no employee should ever fear the potential of suffering a dangerous or life-threatening injury at work. Shockingly, the National Safety Council estimates that every 7 seconds, a worker is injured on the job.

When this happens to you, it can feel as though your entire world is falling apart as you face the prospect of expensive medical costs, lengthy treatment, immense pain and suffering, an inability to earn wages, and emotional suffering. Despite how impossible the situation may appear to be, you do not have to face this alone.

Know Your Rights

As an employee, you are entitled to safe working conditions under federal law. If this is threatened in any way, you have the right to speak up about these concerns without consequence. According to the Occupational Safety and Health Act , every employer is legally required to keep their workplace free of any safety hazards that may result in any harm or injury to their employees. If your employer fails to uphold the strict rules or guidelines to upholding safety in the workplace in good faith, they may be found in violation of the U.S. Government Department of Labor’s OSHA. If you find yourself the victim of a workplace injury, you are entitled to certain rights and procedures. These include:

How to Prevent Workplace Accidents or Injuries

Though it is ultimately your employer’s inherent responsibility to ensure they provide a safe working environment, you and your fellow workers can take certain precautions as well. The truth is, every individual plays a role in workplace safety. Just as accidents cannot be prevented if your employer displays negligence, the same can be said for reckless employees.

Admittedly, while every occupation is unique, common injuries or accidents in the workplace include muscle strains or sprains, overexertion, toxic exposure, slip and fall accidents, being hit by falling objects, sensory loss, vehicle crashes, fires or explosions, and more. It is important to remember the majority of these circumstances may be under your control by taking certain protective measures. Do not neglect your personal safety by assuming your employer is looking out for you.

Consider these safety tips to prevent a potential accident or injury in the workplace:

Injured & Seeking a Dedicated & Skilled Workers’ Compensation Lawyer? Contact Us Today

If you have been injured on the job, look no further than our trusted firm for exceptional legal counsel, care, and representation. At Van Dingenen Law, we have created an impressive legacy of success-driven advocacy on behalf of those seeking the compensation they deserve after an injury in the workplace. Our unwavering commitment to your best interests is exactly what you need during this stressful time. We are ready to help you survive this challenging process with ease.

Would you like to speak to a representative of our firm? Don’t hesitate to contact us by calling (407) 967-5377 to schedule an initial case evaluation today.

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Understanding Permanent Total Disability Benefits in Florida

Thu, 13 Jun 2019 02:50:00 GMT

Over the course of your employment, you may suffer from a wide range of painful injuries on the job. When that happens, you’re entitled to workers’ compensation benefits under the law – and in some cases, you may also be entitled to receive Permanent Total Disability (PTD).

PTD benefits help those who have become totally and permanently disabled as a direct result of a workplace injury. If awarded, this kind of compensation will continue until the age of 75 or death, unless you are able to eventually perform some kind of gainful employment again. This differs from Social Security Disability in that you are not allowed to work at all while you are receiving PTD benefits, even in a limited capacity.

Eligibility for PTD Benefits

To understand if you’re eligible for PTD benefits, you’ll first need to determine whether you have become permanently disabled in a total way, as defined under the Florida Workers’ Compensation Act. Since 2003, the state of Florida has observed a fairly strict definition of permanent disability: Only claimants that have one or more “catastrophic injuries” may be considered for PTD benefits. Additionally, you must be unable to engage in any kind of work – including sedentary duty work – within a 50-mile radius of your home.

Under the Florida Statutes section 440.15, you may be considered totally disabled if:

Eligibility for PTD benefits can also depend on your specific field of work: For example, if you’re a mechanic, the loss of your vision or a severe back injury might prevent you from ever obtaining work as a mechanic again. However, if you are eventually able to find work in another industry, you may not be eligible.

How Do I Receive My PTD Benefits?

To receive PTD benefits, you must file a workers’ compensation claim and notify your employer of the injury as soon as possible. Of course, most workers who become disabled for up to 6 weeks will first receive temporary disability payments, which are set at 66.67% of their weekly wages.

Once your doctor determines that your medical condition has not improved enough to work again – specifically, that you have reached “maximum medical improvement” for your disability – you may be eligible to begin getting permanent impairment benefits. The length and amount of these payments will be dependent on your physician assigned “impairment rating,” which is calculated based on the table provided in the Florida Statutes. You will either receive 3 weeks of pay for each impairment percentage point, or until you pass away.

Because it can be incredibly complicated to get your full benefits in Florida and navigate all the requirements, it’s recommended that you speak with a qualified Orlando workers’ comp lawyer right away. At Van Dingenen Law , workers’ compensation is our entire focus, and we can offer the experienced legal support that you need during this difficult time.

Call (407) 967-5377 for a free consultation !

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How Long Can I Collect Workers’ Comp in Florida?

Sat, 01 Jun 2019 02:52:00 GMT

How Long Can You Be On Workers Comp in Florida

Workers’ compensation benefits don’t extend forever. Depending on the nature of your injuries, you could be subject to time limits for your workers’ comp. For most temporary injuries, you can only receive up to 104 weeks on “temporary disability compensation,” provided that you are not able to work during that time period. If you develop a permanent disability because of a workplace accident – whether partial or total – you may continue to collect impairment benefits from the insurance provider for as long as necessary

In this post, Van Dingenen Law discusses how long you can receive your workers’ comp checks, including compensation for more permanent injuries.

Timeline for Workers’ Compensation Benefits

Once your workers’ compensation claim has been filed and fully approved , your cash benefits should start arriving within 21 days after you first reported the incident. Because every single injury is different, the insurance claim adjusters will have to examine your case and decide how long you will need workers’ compensation benefits, based on the details included in your claim.

As mentioned earlier, there are different time limits imposed by the state, depending on which type of workers’ comp benefit you are collecting. For temporary injuries, you can receive “temporary disability compensation” for up to 104 weeks if you are unable to work during that time. If you’re also receiving medical benefits to cover the costs of your doctor’s visits, you may continue to receive those indefinitely – but you will need to visit an authorized physician at least once every 1 year, to confirm that you are still actively managing your condition.

Permanent Disability Claims

If you develop a permanent disability at the workplace, you may collect benefits for as long as you need. While the amounts and time limits can vary greatly for partial disabilities, total disabilities may allow you to continue receiving two-thirds of your usual weekly wages, for as long as you are unable to work.

Seek Help from Our Dedicated Workers’ Comp Lawyers

At Van Dingenen Law, our experienced Central Florida lawyers focus exclusively on workers’ compensation cases , helping injured workers just like you across the state. By relying on our vast resources and experience with workers’ comp claims, we can help you navigate this system and receive the benefits you deserve.

No matter what type of injury you’ve sustained, you deserve to collect your full and fair benefits under the law. As compassionate workers’ compensation lawyers, our team at Van Dingenen Law truly cares about our clients – and we will do whatever it takes to fight on your behalf. We’ll even travel to you, ensuring that you get the legal counsel you deserve even when you’re confined to home or the hospital.

Call (407) 967-5377 today for a free consultation on your workers’ comp claim in Central Florida!

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What Happens to My Workers’ Compensation Benefits After Being Fired?

Mon, 25 Mar 2019 02:53:00 GMT

Workers Compensation Benefits After Termination

In Florida, an injured worker is entitled to continue receiving medical benefits even after being terminated or leaving the company they worked for at the time of the injury. Even if an injured worker moves to another area, the insurance company is still required to provide medical treatment .

What Are Lost Wage Benefits?

There are two main types of lost wage benefits :

If your employer offers a position that comes with only “light duty” restrictions, you must return to work if you wish to get paid. If you decide to quit your job voluntarily during this period, the insurance company will argue that you are voluntarily limiting your own income, thus, they will refuse to pay you lost wages. However, if you are terminated while working on light duty status, the insurance company will likely have to continue paying you lost wage benefits.

As you might have suspected, there is an exception to this rule: If you were fired “for cause,” your employer does not have to continue paying your workers’ compensation benefits. The insurance company will likely argue that you were terminated “for cause” due to reasons unrelated to the injury. One example could be that the entire company experienced mass layoffs. The insurance company will argue that they no longer owe you benefits because you were terminated for an unrelated reason.

If you have been fired, or are fearful that you might be fired, please contact Van Dingenen Law at (407) 967-5377 for a free consultation to discuss your options and rights under the Florida Workers’ Compensation system.

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Workers’ Compensation & Heat-Related Illnesses

Thu, 24 Jan 2019 04:00:00 GMT

While Florida isn’t a stranger to warm winters and hot, humid summers, it’s important to remember that prolonged exposure to heat and humidity can lead to serious illnesses and tragic fatalities. In fact, the Centers for Disease Control and Prevention estimates that over 600 people die from heat-related illnesses each year.

Due to Florida’s subtropical climate, temperatures frequently reach levels that can be harmful to human health. Employers need to take extra care when their employees are forced to work in extreme conditions. If an employee does sustain a heat-related illness, they may be eligible for workers’ compensation.

Your Rights as an Employee

Workers’ compensation provides benefits that facilitate an employee’s recovery process while mitigating their financial losses. Heat stroke, heat exhaustion, heat cramps – these probably aren’t the first types of injuries that come to mind when you think about filing for workers’ compensation. But you may be able to receive benefits if you can prove that working outside in the hot son either aggravated or directly caused your illness.

Of course, there are countless other factors that can contribute to a heat-related illness. For example, obesity can lead to a higher risk of heat stroke or heat exhaustion. Your employer (or their insurance company) may challenge your claim and hinder your access to benefits by arguing that your injury was caused by a preexisting condition. If your employer denies your claim, it’s likely because they don’t want to pay increased premiums. Likewise, an insurance company is just like any other business – their goal is to make and save money. They may try to deny your benefits just to minimize the payout. If your claim has been denied, it’s important to contact a qualified workers’ compensation attorney as soon as possible.

Protection from the Sun

When temperatures rise, employers need to acknowledge that exceptional circumstances necessitate adapted responses. Employers can prevent heat-related illness by providing their workers with adequate shade, water, and extended breaks. They can also rearrange work schedules so that any outside work is completed before the afternoon heat hits.

Workers can also take the following measures to protect themselves:

Your employer’s failure to protect you from extreme heat conditions could result in a workers’ compensation case. Contact Van Dingenen Law if you’ve suffered a heat-related illness while on the job. Our compassionate and trial-tested attorneys have been representing injured workers and their families since 2003. You can trust that we have the experience and legal resources to secure a positive case result that yields essential damages under the law.

Call our workers’ compensation lawyers in Central Florida at (407) 967-5377 to schedule a consultation.

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What Is a Medicare Set-Aside?

Tue, 27 Nov 2018 04:01:00 GMT

When you’ve been injured on the job, you could be eligible for workers’ compensation, which allows you to cover the cost of treating your serious and painful injuries. However, many people don’t realize that Medicare may require you to use a Workers’ Compensation Medicare Set-Aside agreement, or (WCMSA). But what is a WCMSA, exactly?

About Workers’ Compensation Medicare Set-Asides

A WCMSA is a financial agreement that “sets aside” a portion of your workers’ compensation settlement, in order to pay for future medical services related to the injury. This can apply to any claim that falls under the workers’ compensation system, as well as anyone who is currently benefitting from Medicare, or will receive Medicare in the future (which can include people under age 65 who receive Social Security Disability Benefits.)

Functioning similarly to a trust, a WCMSA agreement contains funds you can use to pay for medical treatment. However, these specific funds must be completely used before Medicare will pay for any further treatment related to your injury. Ultimately, WCMSA agreements serve to protect Medicare’s interest, as Medicare can legally refuse to pay for future treatment related to your work-related injury until the settlement is exhausted.

Seeking CMS Approval for a WCMSA

In some cases, you will need to get approval from Centers for Medicare and Medicaid Services (CMS) in order to receive your WCMSA. Failing to get CMS approval can cause many long-term complications. If the parties involved in a workers’ compensation settlement stipulate a WCMSA amount, but do not receive CMS approval, then CMS is not bound by the set-aside amount, and it can refuse to pay for future medical expenses related to the injury. This is true even if the expenses would ordinarily have been covered by Medicare. However, if CMS does approve the WCMSA amount and the account is later appropriately expended, Medicare will pay.

CMS will review a proposed WCMSA amount when the following review thresholds are met:

If you have any other questions related to workers’ compensation, Medicare, or Medicare Set-Asides, our qualified Central Florida workers’ comp attorneys at Van Dingenen Law can assist you. We’ve been fighting exclusively on behalf of injured workers and their families since 2003, and we are passionate about providing our clients with the legal guidance and advocacy they need to recover from their injuries.

Contact us at (407) 967-5377 for a free consultation!

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Can You Sue Your Employer After a Workplace Accident in FL?

Tue, 30 Oct 2018 03:02:00 GMT

One of the most common questions our firm gets asked is whether an injured worker (“IW”) is able to bring a separate negligence action against the employer.

The answer is “it depends.”

Under the Florida Workers’ Compensation Act, an IW is limited in the benefits they may receive. For example, under this Act, the IW is unable to choose their treating physician, the IW is only entitled to partial lost wages, and the IW is barred from recovering for pain and suffering. These are all reasons an injured worker might want to bring a separate negligence action.

Under Section 440.11 Florida Statute, in order for an IW to circumvent workers’ compensation immunity and bring a separate cause of action, the IW must prove all three of the following elements:

The standard for getting around Florida workers’ compensation immunity is extremely high, but Van Dingenen Law is one of the few law firms that has been successful in arguing that an IW should be allowed to pursue a separate negligence action against the employer.

If you have been injured at the workplace due to the negligence of your employer, contact our Orlando workers’ compensation attorney and schedule a free consultation today.

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