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 Everglades. 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, Lockhart, Brandon, Fort Myers, Union Park, Fort Myers Villas and more!

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

Are you searching for a Workers' Comp Law Firm near you? If you are injured or hurt, we understand you may not be capable to pay a visit to our offices. If you're unable to come to our office, we can come to you!

Trial Pro, P.A. works with Floridians in a range of personal injury legal matters. Our practice areas include all types of personal injuries; auto accidents motorcycle collisions, wrongful death cases, slip-and-fall accidents, tractor-trailer accidents, construction injuries and workplace injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides 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. Contact our law firm for a free and confidential discussion 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 at work. 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 could be totally responsible or neglectful in leading to an accident, moreover this does not disqualify individuals from obtaining benefits. In contrast your workplace or colleague could be negligent in triggering the accident, and this specific does not qualify you to additional 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 Workplace can't defend against your claim by saying you were negligent in causing the accident. It is a "shield" that shields Workplaces from having to pay laborers a lot of the damages that are readily available to non-employees who are injured or hurt due to the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Everglades Workers' Comp Lawyers If you need aggressive representation, our law firm can help you. Call us Today - 800-874-2577

This instance exposes the "sword and shield" part of workers' compensation. Let us's state that Evan is a very reckless chef. He rarely cares about what he's doing. He's going out the side door at work, hands full of garbage, to toss in the dumpster. As he rushes down the well-lit stairs, he trips and falls down cracking his talus. His boss goes to his aid, and notices that Evan as is usual was transporting excessive amounts of garbage to be safe and his shoelaces were simply undone. You might think that Evan doesn't have a case just because his negligence induced the unfortunate incident. Yet you would be wrong.

Everglades, FL businesses and residential or commercial property owners are by law responsible for maintaining their properties and need to maintain it in a fairly safe and secure condition and notify occupants of any harmful conditions of which they are conscious or need to be aware.

Now let's change the facts just a little. Evan rather than being sloppy is exceptionally diligent. He actually ties up his no slip shoes in repeated knots, not ever rushes down the stairways, and certainly never brings a lot more than he should. On the other hand his office manager has been fairly neglectful lately. The light bulb on the stairs burned out, and he knows that one of the steps is cracked and is a tripping hazard. Then again he's too busy to address that problem at this moment. As a result, Evan trips on the damaged dark stairway that his boss knew about, but didn't even try to alert Evan about. If you suppose that Evan can easily now file a claim against his manager or Employer for negligence due to his boss's careless behaviors, you would likely also be mistaken. Careless Evan has the very same legal rights as a seriously injured laborer as vigilant Evan does. That may seem unfair, but that is a consequence of fault of negligence being a non-issue in workers comp.

So let's examine who is entitled to these particular benefits in FL. First of all, you have to be an employee. Independent contractors (or 1099 workers) are not qualified to work comp benefits. Subsequently, the business that you work for needs to be big enough to be required to possess worker's compensation benefits. Assuming that there are not a minimum of four workers, then the Company isn't required to offer worker's compensation coverage except if it is a building and construction job As well, there are a number of roles that aren't protected in FL under workers comp. Cases of jobs that are not covered are most real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi cab drivers.

Just let's state that you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you sustain an injury or have an accident on the job? Just like many legal questions, the answer is that it depends. First and foremost, 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 aspect of the task caused the accident. A good example of a fairly frequent 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 the course of work hours, this particular is not really going to count as a workers' comp accident. It may have happened at work, but the work did not lead to the heart attack. Even if you have a very stressful job and you're boss has been harassing you relentlessly and you feature a stroke due somewhat to the other psychological and mental 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 unassociated to your work functions. Consequently the simple fact that the incident manifested at work is not good enough. Exceptions to these exclusions emerge if: (a) you are involved in an unusual strain or exertion at work, or (b) you are involved in a line of work where there is a probability that such activity is work-related - such as a law enforcement officer or fireman.

"In the course and scope of employment" is also required for an accident to be covered under workers' comp. In order to be in the course of employment, you actually have to be at work. If you have a car traffic collision either on your way to work or on your way home, the majority of the times those wrecks are not going to be regarded as work-related accidents. There are exceptions. To be in the range of employment, you have to be engaging in something related to work in other words at the very least engaged in some sort of reasonable task the Business could have foreseen. If your job is to perform desk work in an office but you injure or hurt yourself when you and your buddy choose to have a run down the staircase to see who's in the best shape that personal injury is not going to be considered work-related. You have unreasonably drifted from your work duties to the point that what you're doing at that time of trauma is no longer sufficiently connected to work to be regarded as work-related.

Thus 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 get? To remain entitled to lost wages, you have to miss a certain amount of work and the incapacity has to last a certain period of time. If you skip less 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 full weeks, you're not qualified to temporary benefits. If you do sustain a personal injury that keeps you out of work for an extended period of time, then you will obtain compensation. Nonetheless, this remuneration is not your whole wage. Rather you obtain about two-thirds of what you were making at the time of the accident. If the health professional says no work at all, at that time you get 66.67% of what you were making at the time of the accident. If the health care provider claims you can work with limitations AND the Employer is not able to accommodate those limitations, you may receive 64% of your earnings. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you get no reimbursement. So bottom line is that if you are missing your job as a result of a work associated injury, you will lose wages. The lengthier your impairment, the more wages you can lose. Unless you settle your case at some time, those lost paychecks are gone for good and will not be recovered.

Therefore, 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 be entitled to lost wages, you will have to miss out a certain amount of workdays and the injury has to last a specific period of time. If you miss less than a week or so from your job, you're not going to collect lost earnings. In addition if you have a trauma that heals within three full weeks, you're not qualified to temporary benefits. If you do suffer an injury that keeps you out of work for an extended period of time, then you will receive compensation. Nevertheless, this compensation is not your whole paycheck. Instead you collect about two-thirds of what you were earning at the time of the personal injury. If the physician says no work at all, then you get 66.67% of what you were making at the time of the accident. If the doctor claims you can work with restrictions AND the Employer is not able to accommodate those restrictions, you may obtain 64% of your earnings. 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 because of a work associated injury, you will lose wages. The lengthier your impairment, the more earnings you can lose. Unless you settle your case at some time, those lost paychecks are gone for good and will certainly not be recovered.

A further limitation on your ability to obtain lost wages is that those benefits are just paid for a particular period of time. Once you have reached maximum medical improvement, which is the health professionals way of saying you're as good as you're going to get, you do not get anymore temporary benefits. Even when you have not returned to work or your position is no more available, your temporary benefits end. If you receive an impairment rating due to a permanent injury, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few weeks or calendar months. Only very few injured workers, the most badly injured, have a likelihood of obtaining long term permanent benefits called permanent total disability.

Every time it comes down to medical care, your rights or benefits also have considerable constraints. If you have injuries that entails urgent care, at that point you can get that care without first obtaining Employer or workers' comp service provider authorization. Soon after that very first treatment, who you see for health care is not your selection. Your Employer or often its work compensation insurance service provider may notify you who exactly you can treat with. If you don't like the physician they pick, then you may get 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 compensation insurance carrier picks the health 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 do not pay for it period, other than a $10 copayment right after you reach maximum medical improvement. The insurance provider is accountable for all other costs of treatment including prescribed drugs and physical therapy. Still as you have the ability to probably see already, workers' comp is not an outstanding system. It's also a complex system.

If you find yourself in the workers comp system, you're better off obtaining guidance and perhaps an attorney sooner rather than later. Mistakes made in the workers' comp system may be hard or even impossible to unwind. And even some errors can guarantee the end of your case altogether. So if you have a workers' comp injury, talk to us right away. The consultation is totally free, and you are under no commitment to retain us. In case you do retain 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 Do Not Get Paid Unless You Do

At Trial Pro, our traffic collision lawyers operate on a contingency fee basis. That means our firm covers the costs of investigating, constructing, negotiating and litigating your lawsuit. We do not bill you a single thing unless our attorneys recover compensation on your behalf. If we do not win your case, you will pay us nothing at all.

Our Everglades injury legal professionals also provide complimentary evaluations to examine the particulars of your claim and establish if you have a case. Schedule a Free Examination

If you or someone you love has been impaired due to someone else's negligence or neglectfulness, you need an excellent attorney by your side who is familiar with the laws and laws in The Sunshine State.

Our Everglades personal injury attorneys are experts in injury litigation and have been recognized by our peers for our success. Several of our attorneys have been mentioned as Super Lawyers and prominent litigators for their accomplishments on behalf of our clients.

We have recovered favorable 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 are entitled to for your personal 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