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

Don Van Dingenen • October 30, 2018

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 employer engaged in conduct that the employer knew, based on prior similar accidents or on explicit warnings specifically identifying a known danger, was virtually certain to result in injury or death to the employee, and
  • The employee was not aware of the risk because the danger was not apparent, and
  • The employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising informed judgment about whether to perform the work.

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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Why Do Florida Workplace Injuries Increase Around the Holidays?

By Don Van Dingenen • December 19, 2023
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... The post Why Do Florida Workplace Injuries Increase Around the Holidays? appeared first on Van Dingenen Law.
A woman in a suit and tie is holding a book and pointing at it.

How To File a Florida Construction Accident Workers’ Compensation Claim

By Don Van Dingenen • August 11, 2023
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... The post How To File a Florida Construction Accident Workers’ Compensation Claim appeared first on Van Dingenen Law.
A black truck with a van dingen law sticker on the back is parked on a brick sidewalk.

Van Dingenen Law Announces New Company Vehicle

By Don Van Dingenen • May 19, 2023
The workers’ compensation legal team at Van Dingenen Law is excited to announce that we now have a dedicated vehicle available to bring our attorneys and staff directly to our clients, whether they are at home, at work, or in the hospital. The new Van Dingenen Law truck represents our continuing commitment to helping Florida... The post Van Dingenen Law Announces New Company Vehicle appeared first on Van Dingenen Law.
A train is going down the tracks next to a road.

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

By Don Van Dingenen • April 22, 2022
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... The post How Does Third-Party Liability Impact Workers’ Compensation Cases? appeared first on Van Dingenen Law.
A laptop with a bunch of money on it

Workers’ Compensation Settlements with Release Forms

By Don Van Dingenen • January 11, 2022
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... The post Workers’ Compensation Settlements with Release Forms appeared first on Van Dingenen Law.
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Do Security Guards Get Workers’ Compensation?

By Don Van Dingenen • December 15, 2021
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... The post Do Security Guards Get Workers’ Compensation? appeared first on Van Dingenen Law.
A man is examining a woman 's back on a table.

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

By Don Van Dingenen • November 3, 2021
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’... The post Why Doesn’t Workers’ Comp Include Pain & Suffering? appeared first on Van Dingenen Law.
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Do Seasonal Workers Get Workers’ Comp in Florida?

By Don Van Dingenen • October 2, 2021
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... The post Do Seasonal Workers Get Workers’ Comp in Florida? appeared first on Van Dingenen Law.
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New Florida Law for 1st Responder COVID Workers’ Comp Claims

By Don Van Dingenen • September 17, 2021
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... The post New Florida Law for 1st Responder COVID Workers’ Comp Claims appeared first on Van Dingenen Law.
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COVID Workers’ Comp Claims in Florida Go Down in June

By Don Van Dingenen • August 3, 2021
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... The post COVID Workers’ Comp Claims in Florida Go Down in June appeared first on Van Dingenen Law.
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