After experiencing an accident in Naples, 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 Naples law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Naples 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 Chokoloskee. 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, Alafaya, Port Canaveral, Citrus Ridge, Arcadia, Tice and more!

Frequently Asked Questions About Workers Compensation in Chokoloskee, 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 Chokoloskee Workers' Compensation Attorneys Who Know How to Win Challenging Lawsuits

Are you trying to find a Workers' Compensation Attorney near you? If you are injured or hurt, we recognize you may not be able to pay a visit to our offices. If you're not able to come to our office, our experts can come to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury law matters. Our practice areas include all sorts of injuries; automobile collisions, motorcycle accidents, wrongful death cases, slip-and-fall injuries, semi-truck collisions, construction injuries and workplace accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to people in areas like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Call our office for a complimentary and confidential assessment of how we can help.

Work Comp in Chokoloskee, FL is a legally required system of benefits that are readily available to most people who are injured on the job. It is a no-fault system, meaning that for the most part negligence in the cause of an injury is a non-issue. You could be totally responsible or negligent in leading to an injury, and this does not exclude people from receiving benefits. On the other hand your supervisor or colleague could be negligent in causing the accident, and this particular does not entitle you to more benefits. is claimed as being simultaneously a shield and a sword as for providing for benefits. It is a "sword" because your Workplace simply cannot defend against your claim by saying you were negligent in causing the injury. It is a "shield" that guards Employers from having to pay workers a lot of the damages that are readily available to non-employees who are hurt cause by the unfortunate incident.

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This scenario depicts the "sword and shield" part of workers' compensation. Let us's say Evan is a very reckless cook. He hardly cares about what he's doing. He's going out the back entrance at work, hands loaded with garbage, to throw in the dumpster. As he rushes down the illuminated staircases, he trips and falls down breaking his knee cap. His manager goes to his aid, and sees that Evan once and again was carrying way too much to be safe and his shoe laces were simply untied. You might actually believe that Evan does not have a claim due to the fact that his recklessness led to the injury. However you would be mistaken.

Chokoloskee, Florida businesses and residential or commercial property owners are under legal standing accountable for looking after their properties and have to keep it in a fairly safe and secure condition and caution occupants of any unsafe conditions of which they are aware or need to be aware.

And now let's alter the facts just a bit. Evan rather than being careless is quite vigilant. He actually ties his no slip boots in repeated knots, certainly never races down the stairs, and certainly never carries more than he should. On the other hand his office manager has been somewhat neglectful in recent times. The light on the stairs burned out, and he knows that one of the steps is fractured and is a tripping risk. However he's too hectic to deal with that issue right now. Consequently, Evan trips on the busted unlit stair that his employer knew about, yet failed to even bother to warn Evan about. If you feel that Evan can possibly now take legal action against his manager or Workplace for negligence as a result of his manager's careless practices, you will also be wrong. Reckless Evan has the very same rights as a seriously injured worker 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.

So let's examine who is eligible to these kinds of benefits in FL. To start with, you need to be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. Also, the organization that you work with will have to be large enough to be required to carry work comp benefits. Assuming that there aren't at least four staff members, then the Company isn't expected to hold workers' comp insurance coverage except if it is a construction job Also, presently there are a number of jobs that aren't covered in The Sunshine State under workers comp. Examples of jobs that aren't covered are almost all real estate agents, owner-operators of rigs, most volunteers, and taxi cab drivers.

Therefore, let's assume you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you sustain an injury or have an accident on the job? Like many legal inquiries, the answer is that it depends. First, the accident or personal injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some element of the task caused the accident. A good example of a reasonably frequent injury occurrence at work that is not typically a work-related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack in the middle of work hrs, this is not really going to count as a workers compensation accident. It may have occurred at work, but the work did not inflict the cardiac arrest. Whether or not you have an extremely arduous job and you're employer 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 cardiovascular disease, stroke, or other "internal failures " are regarded to be personal in character and unrelated to your work functions. For that reason the fact that the calamity took place on the job is not sufficiently. Exceptions to these exclusions arise if: (a) you are engaged in an unusual strain or exertion at work, or (b) you are involved in a line of work where there is a presumption that such activity is work-related - which include a police officer or fireman.

"In the course and scope of employment" is also required for an injury to be covered under workers' comp. To be in the course of employment, you genuinely have to be at work. If you have a motor vehicle traffic collision either on your way to work or on your way home, a large number of times those injuries are not going to be considered job related injuries. There are exceptions. To remain in the span of employment, you have to be doing something related to work or at least engaged in some form of reasonable task the Business could have foreseen. If your employment is to perform paperwork in an office but you injure yourself when you and your pal decide to have a run down the stairway to see who's in the best shape that injury is definitely 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 injury is no longer sufficiently linked to work to be considered 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 will have to miss out a particular amount of workdays and the injury has to last a particular period of time. If you skip no more than a week or so from work, you're not going to get lost wages. Also if you have an injury that heals within three weeks, you're not entitled to short-term benefits. If you do suffer an accident that manages to keep you out of your job for a lengthy time, then you will get compensation. On the other hand, this compensation is not your whole salary. Rather you receive approximately two-thirds of what you were making at the time of the injury. If the health care provider says no work at all, at that time you receive 66.67% of what you were earning at the time of the accident. If the health care provider suggests you can work with limitations AND the Business is unable to accommodate those limitations, you will obtain 64% of your wages. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no compensation. So bottom line is that if you are missing your job because of a work-related injury, you will lose wages. The greater your injury, the more earnings you can forfeit. Unless you settle your case at some time, those lost wages are gone for good and will certainly not be recovered.

Therefore, let's say you've cleared the hurdles of being a worker 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 have to miss out a particular amount of work and the disability has to last a particular period of time. If you miss out barely a few days from work, you're not going to collect lost earnings. At the same time if you have a trauma that heals within three full weeks, you're not entitled to short-term benefits. If you do sustain a trauma that places you out of work for an extended period of time, then you will receive compensation. That being said, this remuneration is not your entire income. Instead you obtain as much as two-thirds of what you were earning at the time of the 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 injury. If the health care provider says you can work with limitations AND the Employer is unable to accommodate those limitations, you may receive 64% of your earnings. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you receive no compensation. So bottom line is that if you are missing your job as a result of a work associated accident, you will lose wages. The longer your injury, the more wages you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will certainly not be recovered.

A further constraint on your chance to obtain lost wages is that those benefits are only paid for a certain period of time. Once you have achieved maximum medical improvement, which is the doctors way of pointing out you're on the right track now, you will not get anymore temporary benefits. Even if you have not come back to work or your position 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, although those benefits are less than the temporary and they are very short lived. They typically just last a matter of a few work-weeks or calendar months. Only very handful of injured employees, the most seriously injured, have a likelihood of obtaining long term permanent benefits called permanent total disability.

Every time it pertains to medical care, your rights or benefits also have significant limitations. If you have injuries that requires emergency care, at that point you can get that care without first acquiring Employer or workers' compensation provider authorization. Just after that early medical care, who you see for medical care is not your choice. Your Employer or often its workers compensation insurance service provider are going to tell you who exactly you can treat with. If you don't prefer the health care provider they select, then you might obtain a one time change but that's it. Also, you don't have the ability to choose that next health care provider either. Again the work comp insurance provider picks the medical professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health professional expense. Your health plan won't pay for it.

At least one of the few beneficial aspects of the medical care is that you don't pay for it at all, other than a $10 copayment once you reach maximum medical improvement. The insurance provider is responsible for all other expenses of medical care including prescribed medication and physical therapy. Still as you can probably see by now, workers' comp is not an excellent system. It's also a complicated system.

If you find yourself in the work compensation system, you're better off obtaining advice and perhaps a lawyer sooner rather than later. Mistakes made in the workers' compensation system can be hard or even impossible to unwind. And a few errors can mean the end of your case completely. Therefore if you have a workers' compensation injury, contact us right away. The consultation is free of charge, and you are under no obligation to hire us. On the assumption that you do hire us, you won't be out of pocket for any expenses or costs. Our firm only gets paid when we get benefits for you!

We Don't Get Paid Until You Get Paid

At Trial Pro, our car accident attorneys operate on a contingency fee basis. This means we cover the expenses of reviewing, constructing, negotiating and litigating your claim. We do not charge you a thing unless our attorneys recover compensation on your behalf. If we do not win your case, you will pay us completely nothing.

Our Chokoloskee personal injury attorneys also provide totally free evaluations to study the particulars of your insurance claim and establish if you have a suit. Schedule a Free Examination

If you or someone you love has been impaired due to someone else's negligence or carelessness, you need a reliable lawyer by your side who is familiar with the policies and laws in FL.

Our Chokoloskee personal injury legal professionals are experts in accident lawsuits and have been recognized by our peers for our achievements. Some of our legal professionals have been named as Super Lawyers and distinguished litigators for their accomplishments on behalf of our clients.

We have recovered favorable verdicts and compensations that contributed in aiding our clients recover 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 injuries.

Acquiring Compensation for Your Workplace Injury in Collier 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