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 Bonita Springs. 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, Sebastian, Arcadia, Ocoee, Gandy, Narcoossee and more!

Frequently Asked Questions About Workers Compensation in Bonita Springs, 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 Bonita Springs Workers Compensation Lawyers Who Know How to Succeed In Tough Proceedings

Are you searching for a Workers' Compensation Lawyers near you? If you are injured, we recognize you may not be capable to visit our offices. Let us come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury judicial matters. Our practice areas include all forms of injuries; automobile collisions, motorcycle accidents, wrongful death claims, slip-and-fall accidents, tractor-trailer collisions, construction injuries and work comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to clients in areas such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Get in touch with our firm for a free of cost and confidential assessment of how we can help.

Workers' compensation in Florida is a legally required system of benefits that are 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 cause of an accident is a non-issue. You could be entirely at fault or negligent in resulting in an injury, and this does not disqualify people from receiving benefits. In contrast your supervisor or colleague can be negligent in triggering the injury, and this particular does not qualify you to extra benefits. is said as being equally a shield and a sword as far as providing for benefits. It is a "sword" because your Boss simply cannot defend against your claim by saying you were negligent in causing the unfortunate incident. It is a "shield" that offers protection to Employers from having to pay workers a lot of the damages that are readily available to non-employees who are hurt as a result of the accident.

Need to File a Workers' Compensation Claim? Talk with our Expert Bonita Springs, FL Work Comp Lawyers Regardless of where your home is situated Call Trial Pro, P.A. Today for a free consultation - 800-874-2577

This example portrays the "sword and shield" angle of Work Comp. Let us's state Evan is a very reckless cook. He barely keeps an eye on what he's doing. He's heading out the side door on the job, hands loaded with waste, to throw in the dumpster. As he rushes down the luminous stairways, he trips and collapses injuring his scapula. His employer comes to his aid, and observes that Evan as is the custom was transporting way too much to be safe and his shoelaces were simply untied. You may perhaps believe that Evan does not have a case because his neglect resulted in the unfortunate incident. However you would be mistaken.

Bonita Springs companies and home owners are lawfully responsible for looking after their properties and need to maintain it in a within reason safe and sound condition and alert occupants of any dangerous conditions of which they are conscious or should be aware.

Now let's change the facts just a little. Evan as opposed to being sloppy is tremendously mindful. He always ties up his no slip boots in double knots, never ever races down the stairways, and by no means brings more than he can. However, his business manager has been fairly neglectful in recent times. The light fixture on the stairways burned out, and he knows that one of the steps is busted and is a tripping risk. However he's too busy to deal with that problem at the moment. As a result, Evan trips on the faulty dark stair that his boss knew of, however failed to even bother to warn Evan about. If you guess that Evan is able to now file suit his manager or Employer for negligence due to his manager's reckless practices, you would likely also be wrong. Reckless Evan possesses the very same rights as a seriously injured person as vigilant Evan does. That may seem not fair, but that is a consequence of fault of negligence being a non-issue in workers comp.

Therefore let's examine who is entitled to these kinds of benefits in FL. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers comp benefits. Additionally, the organization that you work with needs to be big enough to be required to bear work comp benefits. Assuming that there are not at minimum four workers, then the Company isn't expected to hold worker's compensation insurance except if it is a building and construction job Also, there are particular occupations that aren't protected in The Sunshine State under workers' compensation. Examples of jobs that are not covered are most real estate agents, owner-operators of trucks, the majority of volunteers, and taxi cab drivers.

Just let's claim that you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident at the workplace? Like many legal questions, the answer is that it depends. Before all else, the calamity or injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work generally implies that some aspect of the task triggered the accident. A good example of a relatively usual injury instance at the workplace that is not frequently a job related injury is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest in the course of work hrs, this particular is not likely going to count as a workers compensation accident. It may have happened at work, but the job did not cause the cardiac arrest. Whether or not you have an extremely stressful career and you're manager has been harassing you non-stop and you have a stroke due in part to the other psychological and mental toll work takes on you, this is not going to be covered. The cardiac arrest, stroke, or other "internal failures " are contemplated to be personal in nature and unrelated to your work functions. Subsequently the simple fact that the misfortune occurred at the workplace is not enough. Exceptions to these exemptions arise if: (a) you are involved in an unusual stress or effort at work, or (b) you are involved in an occupation where there is a presumption that such activity is work-related - like a law enforcement officer or fireman.

"In the course and scope of employment" is required for an injury to be covered under workers comp. In order to be in the course of employment, you really have to be at work. If you have a automobile collision either on your way to work or on your way home, most instances those unfortunate incidents are not going to be regarded as work-related injuries. There are exceptions. To be in the scope of employment, you have to be working on something related to work in other words at the very least engaged in some type of reasonable activity the Business could possibly have foreseen. If your job is to do paperwork in a business office but you hurt yourself when you and your colleague choose to have a run down the stairway to see who's in optimum shape that personal injury is not going to be considered work-related. You have unreasonably deviated from your work duties to the point that what you're doing at the moment of personal injury is no more sufficiently linked to work to be regarded as work-related.

Therefore, let's say you've cleared the hurdles of being an employee that's hurt in the course and scope of your job by an injury that arose out of work, what do you get? To be entitled to lost wages, you have to miss a particular amount of workdays and the incapacity has to last a specific period of time. If you skip no more than a week from your job, you're not going to get lost wages. Additionally if you have a trauma that heals in just three weeks, you're not qualified to short-term benefits. If you do suffer an accident that places you out of your job for a lengthy period of time, then you will obtain compensation. Nevertheless, this remuneration is not your full paycheck. Instead you obtain approximately two-thirds of what you were earning 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 physician says you can work with restrictions AND the Business is not able to accommodate those limitations, you will get 64% of your wages. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no reimbursement. So bottom line is that if you are missing work because of a work-related accident, you will lose wages. The longer your disability, the more wages you can forfeit. Unless you settle your case eventually, those lost paychecks are gone for good and will certainly not be recovered.

So let's say you've cleared the hurdles of being an employee that's injured in the course and scope of your job by an injury that arose out of work, what do you obtain? To remain entitled to lost wages, you must miss out a particular amount of workdays and the incapacity has to last a specific period of time. If you miss barely a full week from work, you're not going to be given lost earnings. Also if you have an injury that heals within three weeks, you're not entitled to temporary benefits. If you do suffer an accident that places you out of job for a lengthy period of time, then you will earn compensation. That being said, this compensation is not your entire salary. Rather you collect approximately two-thirds of what you were earning at the time of the injury. If the medical professional 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 health care provider suggests you can work with restrictions AND the Business is unable to accommodate those limitations, you will get 64% of your paycheck. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing work because of a work associated injury, you will lose wages. The longer your injury, the more earnings you can lose. Unless you settle your case eventually, those lost wages are gone for good and will definitely not be recovered.

A further limitation on your chance to obtain lost wages is that those benefits are only given for a certain period of time. Once you have acquired maximum medical improvement, which is the doctors way of claiming you're good to go, you don't get anymore temporary benefits. Even if you have not come back 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 lesion, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few work-weeks or months. Just very handful of injured employees, the most severely injured, have a chance of getting long-term permanent benefits called permanent total disability.

If it relates to medical care, your rights or benefits also have great constraints. If you have injuries that calls for emergency care, at that point you can get that care without first acquiring Company or workers' comp provider approval. Shortly after that early treatment, who you see for health care is not your selection. Your Employer or more often its work comp insurance company are going to tell you who exactly you can treat with. If you don't prefer the health care provider they pick, then you can get a one time change but that's it. Moreover, you don't get to select that next health professional either. One more time the work compensation insurance carrier picks the physician. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that doctor expense. Your health insurance won't cover it.

At least one of the few beneficial elements of the medical care is that you do not pay for it period, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance provider is accountable for all other costs of treatment including prescribed medicine and physical therapy. Still as you have the ability to probably see by now, workers' comp is not an outstanding system. It's also a complex system.

If you find yourself in the workers compensation system, you're better off getting advice and possibly a lawyer sooner rather than later. Mistakes made in the workers' comp system might be tough if not impossible to unwind. Plus a few errors can guarantee the end of your case completely. So if you have a workers' comp accident, contact us immediately. The consultation is absolutely free, and you are under no commitment to hire us. If you do hire us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for our clients!

We Don't Get Paid Unless You Recover

At Trial Pro, our collision lawyers operate on a contingency fee basis. That means we cover the expenses of investigating, constructing, negotiating and litigating your insurance claim. We do not bill you a single thing unless our lawyers recover compensation on your behalf. If we don't win your insurance claim, you will pay us completely nothing.

Our Bonita Springs personal injury lawyers also provide totally free evaluations to review the elements of your claim and determine if you have a case. Schedule a Free Examination

If you or someone else you love has been hurt due to someone else's negligence or carelessness, you need an excellent attorney by your side who is familiar with the laws and regulations in FL.

Our Bonita Springs personal injury legal professionals are skilled in accident litigation and have been recognized by our peers for our successes. A few of our attorneys have been named as Super Lawyers and prestigious litigators for their victories on behalf of our clients.

We have recovered favorable judgments and compensations that contributed in enabling our clients to bounce back 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 traumas.

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