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 Boca Grande. 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, Campbell, Aloma, Orlovista, Kissimmee, Charleston Park and more!

Frequently Asked Questions About Workers Compensation in Boca Grande, 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 Boca Grande Workers' Compensation Lawyers Who Know How to Succeed In Challenging Claims

Are you searching for a Workers' Comp Lawyers near you? If you are injured or hurt, we understand you may not have the ability to pay a visit to our offices. Let us come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury legal matters. Our practice areas include all forms of injuries; motor vehicle accidents, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, tractor-trailer collisions, construction injuries and workers comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to people in cities such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Call our law firm for a completely free and confidential assessment of your case.

Worker's Comp in FL is a legally required system of benefits that are readily available to most employees who are injured or hurt on the job. It is a no-fault system, meaning that for the most part negligence in the root cause of an injury is a non-issue. You can be totally to blame or neglectful in leading to an injury, moreover this does not exclude people from collecting benefits. However your employer or colleague can be negligent in leading to the injury, and this specific does not qualify you to even more benefits. Workers' compensation is claimed for being both a shield and a sword as far as providing for benefits. It is a "sword" in that your employer simply cannot defend against your claim by saying you were negligent in triggering the accident. It is a "shield" that gives protection to Companies from having to pay workers a lot of the damages that are readily available to non-employees who are injured as a result of the accident.

Need to File a Workers' Compensation Claim? Talk with our Expert Boca Grande Work Compensation Lawyers If you need aggressive representation, our Lawyers can help you. Call our office Now - 800-874-2577

This good example clarifies the "sword and shield" angle of workers' compensation. Let's suppose Evan is an extremely careless chef. He hardly pays attention to what he's doing. He's going out the back door at the workplace, hands loaded with garbage, to throw in the dumpster. As he rushes down the unobscured backstairs, he trips and collapses breaking his calcaneus. His employer goes to his aid, and observes that Evan as usual was carrying excessive amounts of waste to be safe and his shoelaces were undone. You might actually think that Evan does not have a claim considering that his recklessness led to the accident. However you'd be wrong.

Boca Grande, Florida companies and home owners are by law responsible for taking care of their facilities and have to maintain it in a within reason safe condition and inform occupants of any hazardous conditions of that they are conscious or need to be aware.

Now let's change the facts just a little. Evan as opposed to being reckless is remarkably meticulous. He consistently ties his no slip work shoes in double knots, under no circumstances rushes down the stairways, and certainly never brings more than he should. But his business manager has been relatively neglectful lately. The light source on the stairways burned out, and he realizes that one of the steps is broken and is a tripping hazard. However he's too busy to deal with that issue at the moment. As a result, Evan trips on the worn out unlit staircase that his manager knew about, and yet failed to even try to caution Evan about. If you believe that Evan can now file suit his boss or Workplace for negligence as a result of his boss's reckless actions, you will also be wrong. Careless Evan possesses the same legal rights as a hurt laborer as meticulous Evan does. That may seem unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers comp.

Therefore, let's analyze who is eligible to these particular benefits in The Sunshine State. To start with, you have to be an employee. Independent contractors (or 1099 staff members) are not qualified to workers' compensation benefits. Additionally, the company that you work with will have to be big enough to be required to possess workers' comp benefits. In case there are not at the very least four staff members, then the Company isn't obligated to offer workers' comp coverage except if it is a building and construction employment Also, presently there are various jobs that usually are not protected in Florida under workers comp. Some examples of occupations that aren't covered are almost all real estate agents, owner-operators of rigs, the majority of volunteers, and taxi drivers.

So let's claim that you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident at work? Like many legal questions, the answer is that it depends. First off, the calamity or trauma must "arise out of" and be "in the course and scope" of employment. Arising out of work generally means that some element of the work led to the accident. A good example of a fairly common injury instance at the workplace that is not typically a work-related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during work hours, this particular is not going to count as a worker comp injury. It may have occurred at work, but the work did not cause the cardiac arrest. Whether or not you have a very demanding job and you're supervisor has been harassing you relentlessly and you have a stroke due somewhat to the other psychological toll work takes on you, this is not going to be covered. The heart attack, stroke, or other "internal failures " are contemplated to be personal in nature and not related to your work duties. Subsequently the fact that the incident took place at the workplace is not enough. Exceptions to these exclusions arise if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in an employment where there is a anticipation that such an event 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' Compensation Benefits. In order to be in the course of employment, you actually have to be at your job. If you have a car or truck wreck either on your way to work or on your way home, the majority of times those wrecks are not going to be regarded as work-related injuries. There are exceptions. To be in the range of employment, you need to be working on something related to work or even at the very least engaged in some form of reasonable task the Business could possibly have anticipated. If your job is to do paperwork in an office but you injure or hurt yourself when you and your friend choose to have a run down the stairs to see who's in the best shape that injury is not going to be considered work-related. You have foolishly deviated from your job duties to the point that what you're doing at the moment of personal injury is no more sufficiently connected to work to be regarded as work-related.

Thus let's claim that you've cleared the hurdles of being an employee that's hurt in the course and scope of your job by an accident that arose out of work, what do you get? To be entitled to lost wages, you have to miss a certain amount of workdays and the incapacity has to last a certain period of time. If you miss less than a week or so from work, you're not going to get lost wages. At the same time if you have an injury that heals in less than three weeks, you're not qualified to temporary benefits. If you do sustain a trauma that keeps you out of your job for a prolonged time, then you will get compensation. However, this remuneration is not your whole wage. Rather you collect approx two-thirds of what you were making at the time of the accident. If the medical professional says no work at all, at that time you get 66.67% of what you were earning at the time of the injury. If the doctor says you can work with limitations AND the Company is not able to accommodate those limitations, you will get 64% of your earnings. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain no compensation. So bottom line is that if you are missing your job because of a work-related accident, you will lose earnings. The longer your disability, the more wages you can lose. Unless you settle your case at some point, those lost paychecks are gone for good and will not be recovered.

Thus let's claim that you've cleared the hurdles of being an employee that's hurt in the course and scope of your job by an accident that arose out of work, what do you obtain? To be entitled to lost wages, you will have to miss a particular amount of workdays and the injury has to last a certain period of time. If you skip less than a few days from work, you're not going to get lost wages. Additionally if you have an injury that heals within three full weeks, you're not qualified to temporary benefits. If you do suffer a personal injury that keeps you out of job for an extended time, then you will obtain compensation. On the other hand, this compensation is not your whole salary. Rather you obtain about two-thirds of what you were making at the time of the personal injury. If the physician says no work at all, at that point you receive 66.67% of what you were earning at the time of the accident. If the doctor suggests you can work with limitations AND the Company is not able to accommodate those limitations, you may receive 64% of your wages. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain no compensation. So bottom line is that if you are missing your job due to a work associated injury, you will lose earnings. The longer your disability, the more wages you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will definitely not be recovered.

A further limitation on your ability to obtain lost wages is that those benefits are just paid for a specific period of time. As soon as you have acquired maximum medical improvement, which is the doctors way of claiming you're good to go, you will not get anymore temporary benefits. Even if you have not gone back to work or your job is no more available, your temporary benefits end. If you receive an impairment rating caused by a permanent lesion, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They generally just last a matter of a few work-weeks or months. Just very handful of injured workers, the most seriously injured, have a chance of getting long-term permanent benefits called permanent total disability.

Every time it pertains to medical care, your rights or benefits also have great limitations. If you have injuries that entails emergency care, then you can get that care without first getting Workplace or workers' compensation insurance company approval. Following that very first medical care, who you see for medical care is not your choosing. Your Employer or more often its work compensation insurance service provider will inform you who exactly you can treat with. If you don't like the health care provider they choose, then you can obtain a one-time change but that's it. Also, you don't have the ability to pick that next medical professional either. One more time the work comp insurance provider picks the physician. You can get what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your health insurance won't pay for it.

At least one of the few positive aspects of the medical care is that you don't pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is accountable for all other costs of treatment including prescribed medicine and physical therapy. Still as you have the ability to probably see now, workers' compensation is not an amazing system. It's also a complicated system.

If you find yourself in the workers comp system, you're better off obtaining guidance and perhaps legal representation sooner rather than later. Mistakes made in the workers' compensation system could be troublesome or even impossible to unwind. Plus a couple mistakes can guarantee the end of your case entirely. So if you have a workers' compensation accident, contact us promptly. The consultation is free of charge, and you are under no obligation to retain us. On the assumption that you do hire us, you won't be out of pocket for any charges or costs. Our firm only gets paid when we get benefits for you!

Our "No Fee Unless We Win" Policy

At Trial Pro, our car accident lawyers operate on a contingency fee basis. This means our firm cover the expenses of researching, building, negotiating and litigating your insurance claim. We do not charge you anything unless our attorneys recover compensation on your behalf. If we do not win your case, you will owe us completely nothing.

Our Boca Grande injury legal professionals also offer totally free assessments to discuss the specifics of your insurance claim and determine if you have a lawsuit. Arrange a Free Evaluation

If you or someone else you love has been impaired as a result of someone else's negligence or carelessness, you need a dependable attorney on your side who is familiar with the policies and laws in FL.

Our Boca Grande injury lawyers are experts in accident litigation and have been recognized by our peers for our achievements. A few of our legal professionals have been listed as Super Lawyers and prominent litigators for their achievements on behalf of our clients.

We have recovered desirable judgments and settlements that contributed in helping our clients recoup from their personal injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you are entitled to 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