After experiencing an accident in Fort Myers, the last thing you want is to have an attorney at hand that doesn't know how to represent you adequately. You want a reputable Fort Myers law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Fort Myers lawyers hold a strong reputation for winning cases, and we do everything in our power to deliver the results you're expecting.

Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in Alva. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome, but relieve the legal burden from your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process. Serving all areas of Florida including Orlando, Marco Island, Apopka, Tampa Bay, Avalon Park, Altoona and more!

Frequently Asked Questions About Workers Compensation in Alva, Florida

• Can you work while on workers compensation?
• Can you sue workers compensation for pain and suffering?
• Can you be fired for being injured on the job?
• Can The Internal Revenue Service take a workers compensation settlement?
• Can I get unemployment if I get hurt at work?
• Can I sue my employer for emotional distress?
• Do workers comp Insurance Companies Pay For Lost Wages?

Florida law requires most employers to buy workers' compensation insurance coverage. Under Florida workers compensation laws, employees are compensated for occupationally sustained injuries, despite fault. This insurance coverage makes companies immune from some injury suits by workers.

knowledgeable Alva Workers' Comp Attorneys Who Know How to Succeed In Challenging Suits

Are you trying to find a Workers' Compensation Attorneys near you? If you are injured, we understand you may not be capable to visit our offices. Let us come to your place!

Trial Pro, P.A. represents Floridians in a variety of personal injury judicial matters. Our practice areas include all kinds of injuries; car accidents, motorcycle accidents, wrongful death claims, slip-and-fall accidents, tractor-trailer accidents, construction accidents and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to clients in cities such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Get in touch with our firm for an absolutely free and confidential assessment of your case.

Work Comp in FL is a legally required system of benefits that are available to most people who are injured at work. It is a no-fault system, meaning that for the most part negligence in the root cause of an accident is a non-issue. You can be completely responsible or negligent in triggering an injury, moreover this does not disqualify people from getting benefits. Conversely your employer or colleague might be negligent in causing the injury, and this does not qualify you to even more benefits. is said for being simultaneously a shield and a sword as far as providing for benefits. It is a "sword" because your Workplace simply cannot defend against your claim by saying you were negligent in creating the injury. It is a "shield" that gives protection to Employers from having to pay workers many of the damages that are readily available to non-employees who are hurt cause by the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Alva Work Comp Lawyers Contact Trial Pro today to examine your case - 800-874-2577

This good example explains the "sword and shield" part of Worker's Comp. Let us's claim Evan is a pretty reckless cook. He rarely pays attention to what he's doing. He's heading out the back door at work, hands packed with waste, to put in the dumpster. As he runs down the resplendent stairways, he trips and collapses fracturing his clavicle. His supervisor goes to his aid, and witnesses that Evan once and again was carrying way too much to be safe and his shoe laces were simply undone. You may perhaps think that Evan does not have a claim due to the fact that his neglect induced the unfortunate incident. However you'd be mistaken.

Alva, Florida companies and property owners are lawfully accountable for maintaining their properties and have to maintain it in a fairly safe and sound condition and caution occupants of any unsafe conditions of which they are aware or should be aware.

Now let's alter the facts a little bit. Evan rather than being reckless is very vigilant. He always ties his no slip work shoes in double knots, not ever races down the staircases, and never carries a lot more than he should. Nevertheless his manager has been relatively slack in recent times. The light source on the staircases burned out, and he knows that one of the steps is busted and is a tripping risk. Nonetheless he's too busy to address that issue at this moment. Consequently, Evan trips on the damaged dark staircase that his boss knew about, yet failed to even try to notify Evan about. If you expect that Evan is able to now file a claim against his boss or Workplace for negligence due to his boss's negligent behaviors, you will also be off-target. Unmindful Evan has the exact same rights as a hurt employee as cautious Evan does. That may seem not fair, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore, let's examine who is qualified to these particular benefits in The Sunshine State. To start with, you must be an employee. Independent contractors (or 1099 staff members) are not entitled to workers' compensation benefits. Additionally, the business that you work with must be big enough to be required to hold workers' comp benefits. In the event that there are not a minimum of four staff members, then the Employer isn't expected to offer work comp insurance coverage except if it is a construction job As well, there are several jobs that usually are not protected in FL under workers comp. Samples of occupations that are not covered are nearly all real estate agents, owner-operators of trucks, most volunteers, and taxi cab drivers.

Therefore, let's claim that you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you suffer an injury or have an accident on the job? Like many legal questions, the answer is that it depends. First and foremost, the calamity or injury must "arise out of" and be "in the course and scope" of employment. Arising out of work generally means that some aspect of the work led to the accident. An example of a reasonably regular injury occurrence at work that is not typically a work-related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest in the course of work hrs, this is not most likely to count as a workers' comp accident. It may have happened at work, but the job did not cause the cardiac arrest. Even if you have a very demanding job and you're boss has been harassing you non-stop and you have a stroke due partially to the other psychological toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in nature and unassociated to your job functions. Therefore the fact that the event occurred at the workplace is not enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in a line of work where there is a anticipation that such activity is work-related - for instance, a police officer or fire fighter.

"In the course and scope of employment" is required for an accident to be protected under workers comp. So as to be in the course of employment, you in essence have to be at work. If you have a automobile accident either on your way to work or on your way home, a large number of instances those car accidents are not going to be regarded as job related injuries. There are exceptions. To be in the range of employment, you need to be engaging in a task related to work or at least engaged in some type of reasonable task the Employer could possibly have anticipated. If your occupation is to do desk work in a business office but you injure yourself when you and your colleague decide to have a run down the stairs to see who's in the best shape that accident is not going to be considered work-related. You have foolishly deviated from your work duties to the point that what you're doing at the time of trauma is no more sufficiently linked to work to get considered work-related.

Thus let's say you've cleared the hurdles of being a worker that's injured or hurt in the course and scope of your job by an injury that arose out of work, what do you receive? To remain entitled to lost wages, you will have to miss a certain amount of work and the injury has to last a certain period of time. If you miss less than a week from your job, you're not going to receive lost wages. Also if you have an injury that heals within three weeks, you're not qualified to temporary benefits. If you do sustain a trauma that places you out of work for a prolonged period of time, then you will obtain compensation. On the other hand, this remuneration is not your whole wage. Instead you get around two-thirds of what you were earning at the time of the personal injury. If the health care provider says no work at all, at that point you receive 66.67% of what you were earning at the time of the injury. If the health care provider suggests you can work with limitations AND the Employer is not able to accommodate those restrictions, you may get 64% of your paycheck. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing your job due to a work associated accident, you will lose earnings. The longer your injury, the more wages you can lose. Unless you settle your case eventually, those lost paychecks are gone for good and will definitely not be recovered.

Therefore, let's claim that you've cleared the hurdles of being an employee that's injured or hurt in the course and scope of your job by an accident that arose out of work, what do you receive? To be entitled to lost wages, you have to miss out a certain amount of work and the disability has to last a certain period of time. If you skip no more than a week from work, you're not going to receive lost earnings. Additionally if you have an injury that heals in just three full weeks, you're not entitled to short-term benefits. If you do sustain an accident that manages to keep you out of job for a prolonged period of time, then you will earn compensation. Nevertheless, this remuneration is not your full paycheck. Instead you receive about two-thirds of what you were making at the time of the accident. If the health care provider says no work at all, at that point you receive 66.67% of what you were making at the time of the accident. If the medical professional says you can work with limitations AND the Business is unable to accommodate those limitations, you will receive 64% of your compensation. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing work due to a work associated accident, you will lose wages. The lengthier your impairment, the more paychecks you can forfeit. Unless you settle your case eventually, those lost paychecks are gone for good and will certainly not be recovered.

A further restriction on your opportunity to receive lost wages is that those benefits are just paid for a specific period of time. Once you have acquired maximum medical improvement, which is the physicians way of pointing out you're good to go, you do not get anymore temporary benefits. Even if you have not returned to work or your job is no longer available, your temporary benefits end. If you receive an impairment rating as a result of a permanent injury, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They usually just last a matter of a few work-weeks or calendar months. Only very handful of injured workers, the most seriously hurt, have a chance of obtaining long-term permanent benefits called permanent total disability.

If it comes down to medical care, your rights or benefits also have great limitations. If you have an injury that entails urgent care, at that point you can get that care without first obtaining Company or workers' comp insurance company authorization. Following that initial treatment, who you see for health treatment is not your selection. Your Employer or more often its workers compensation insurance company may tell you exactly who you can treat with. If you don't prefer the health care provider they choose, then you can get a one time change but that's it. Also, you don't have the ability to choose that next physician either. Once again the work compensation insurance provider picks the health care provider. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health care provider expense. Your medical insurance won't pay for it.

One particular of the few beneficial elements of the health care is that you do not pay for it at all, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance company is accountable for all other costs of treatment including prescribed drugs and physical therapy. Still as you can probably see now, workers' comp is not a perfect system. It's also a complex system.

If you find yourself in the work comp system, you're better off getting guidance and possibly legal representation sooner rather than later. Mistakes made in the workers' compensation system may be very difficult or even impossible to unwind. And even some errors can mean the end of your case altogether. So if you have a workers' compensation accident, speak to us right away. The advice is free of charge, and you are under no obligation to retain us. In the event that you do hire us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for you!

No Fee Unless Recovery

At Trial Pro, our accident lawyers work on a contingency fee basis. That means our firm cover the expenses of researching, building, negotiating and litigating your lawsuit. We do not charge you a single thing unless we recover compensation on your behalf. If we do not win your lawsuit, you will pay us completely nothing.

Our Alva personal injury legal professionals also provide no charge consultations to study the specifics of your insurance claim and establish if you have a lawsuit. Schedule a Free Evaluation

If you or another person you love has been injured because of someone else's negligence or neglectfulness, you need a reputable lawyer by your side who is familiar with the laws and regulations in Florida.

Our Alvan injury lawyers are skilled in injury litigation and have been recognized by our peers for our victories. Several of our legal professionals have been classified as Super Lawyers and prestigious litigators for their accomplishments on behalf of our clients.

We have recovered desirable verdicts and settlements that were instrumental in aiding our clients recover from their personal injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve for your personal injuries.

Acquiring Compensation for Your Workplace Injury in Lee County Florida

Because workers' compensation is a form of insurance policy, Florida workers compensation insurance typically covers what you would expect your vehicle insurance policy to encompass if you were hurt in an car crash. This workers compensation benefits consists of, yet might not be limited to:

• Medical Bills
• Lost Income
• Prescription Medications
• Clinical Equipment
• Earnings Replacement
• Particular Job Substitute Benefits

The nature as well as degree of your benefits rely on whether your injuries developed no disability, a partial disability, long-term disability or permanent disability.

Workers' Compensation Cases Frequently Asked Questions

• Can I Get Unemployment if I Get Hurt at Work?
• Can I Sue My Employer For Emotional Distress?
• Can The Internal Revenue Service (IRS) take a Workers Compensation settlement?
• Can You be Fired for Being Injured on the Job?
• Can You Sue Workers compensation for pain and suffering?
• Can You Work While on Workers Compensation?
• Do Workers' Compensation Insurance Companies Pay For Lost Wages?
• Do You Get a Settlement from Workers Compensation?
• How Long Do You Have To Report an Injury at Work in Florida?
• What are Common Industrial Accidents and Serious Occupational Injuries
• What Is the Statute Of Limitations On Workers Compensation Claims?
• What is Workers’ Compensation and what does it cover?
• When can you File a Personal Injury Case instead of Worker's Comp?
• 10 Steps To Take After a Work Accident in Florida