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 Gateway. 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, Edgewood, Naples, Arcadia, Winter Springs, Fern Park and more!

Frequently Asked Questions About Workers Compensation in Gateway, 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.

Experienced Gateway Workers Compensation Lawyers Who Know How to Succeed In Challenging Cases

Are you searching for a Workers' Comp Law Firm near you? If you are injured, we understand you may not be able to pay a visit to our offices. Let us come to your place!

Trial Pro, P.A. works with Floridians in a range of personal injury legal matters. Our practice areas include all types of accidents; automobile collisions, motorcycle collisions, wrongful death cases, slip-and-fall accidents, semi-truck accidents, construction accidents 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 clients in areas like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and throughout Florida. Get in touch with our office for a completely free and confidential discussion of how we can help.

Worker's Comp in Gateway is a legally required system of benefits that are accessible to most people who are hurt 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 completely to blame or negligent in resulting in an accident, also this does not exclude individuals from obtaining benefits. In contrast your employer or coworker can possibly be negligent in triggering the injury, and this specific does not qualify you to extra benefits. Worker's Comp is said as being equally a shield and a sword as for providing for benefits. It is a "sword" in that your Workplace can't defend against your claim by saying you were negligent in triggering the unfortunate incident. It is a "shield" that guards Employers from having to pay workers a lot of the damages that are accessible to non-employees who are injured as a result of the accident.

Need to file a Work Comp Claim? Talk with our Expert Gateway Workers' Comp Lawyers Please call our office so we may discuss your case with you - 800-874-2577

This instance illustrates the "sword and shield" factor of Work Comp. Let us's point out that Evan is an extremely careless chef. He barely focuses on what he's working on. He's heading out the back entrance at the workplace, hands full of trash, to toss in the dumpster. As he races down the well-lit backstairs, he trips and falls down injuring his elbow. His manager comes to his aid, and observes that Evan as usual was transporting excessive amounts of trash to be safe and his shoe laces were undone. You might probably believe that Evan doesn't have a claim considering his carelessness triggered the personal injury. However you'd be mistaken.

Gateway businesses and property owners are under legal standing liable for taking care of their properties and need to maintain it in a reasonably safe and sound condition and warn occupants of any harmful conditions of which they are conscious or need to be aware.

Now let's alter the facts slightly. Evan as opposed to being careless is remarkably cautious. He consistently ties his no slip work shoes in double knots, under no circumstances races down the stairways, and never ever brings a lot more than he should. However his business manager has been somewhat slack lately. The light bulb on the stairways blown out, and he recognizes that one of the steps is fractured and is a tripping risk. Nevertheless he's too hectic to address that problem at the moment. Consequently, Evan trips on the worn out unlit staircase that his employer knew about, and yet didn't even try to tell Evan about. If you suppose that Evan can easily now take legal action against his boss or Workplace for negligence as a result of his manager's reckless practices, you would likely also be mistaken. Careless Evan possesses the same rights as a seriously injured worker as careful Evan does. That may seem unjustifiable, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore let's analyze who is entitled to these benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 workers) are not entitled to work comp benefits. Also, the business that you work for must be large enough to be required to carry workers' comp benefits. In case there are not a minimum of four employees, then the Business isn't obligated to hold worker's compensation insurance except if it is a building and construction job Also, there are various jobs that usually are not protected in Florida under workers comp. Cases of jobs that aren't covered are almost all real estate agents, owner-operators of rigs, most 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 office? Just like many legal issues, the answer is that it depends. First and foremost, the calamity or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some element of the job caused the accident. A good example of a reasonably usual injury occurrence 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 in the course of work hours, this is not likely going to count as a worker comp injury. It may have occurred at work, but the work did not trigger the cardiac arrest. Whether or not you have an extremely stressful career and you're employer has been harassing you relentlessly and you feature a stroke due partly to the other psychological toll work takes on you, this is not likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in nature and unrelated to your job functions. Consequently the fact that the event took place on the job is not enough. Exceptions to these exemptions arise if: (a) you are engaged in an unusual strain or effort at the workplace, or (b) you are involved in an occupation where there is a probability that such an event is work-related - which include a police officer or fire fighter.

"In the course and scope of employment" is in addition required for an accident to be protected under workers' comp. In order to be in the course of employment, you actually have to be at your job. If you have a vehicle crash either on your way to work or on your way home, the majority of instances those personal injuries are not going to be considered work-related injuries. There are exceptions. To be in the range of employment, you need to be doing something related to work in other words at least engaged in some form of reasonable task the Company could possibly have anticipated. If your job is to perform desk work in an office space but you hurt yourself when you and your buddy decide to have a run down the stairway to see who's in the best shape that accident is not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at that time of accident is no more sufficiently connected to work to be considered work-related.

Thus 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 will have to miss out a particular amount of workdays and the disability has to last a certain period of time. If you miss out no more than a week or so from your job, you're not going to get lost wages. Also if you have a trauma that heals in less than three full weeks, you're not qualified to short-term benefits. If you do sustain an injury that manages to keep you out of work for an extended period of time, then you will get compensation. Nonetheless, this remuneration is not your whole salary. Rather you obtain as much as two-thirds of what you were earning at the time of the personal injury. If the medical professional says no work at all, then you receive 66.67% of what you were earning at the time of the injury. If the health professional claims you can work with limitations AND the Business is unable to accommodate those limitations, you will obtain 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 greater your disability, the more paychecks you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.

So 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 injury that arose out of work, what do you get? To be entitled to lost wages, you must miss out a particular amount of workdays and the incapacity has to last a certain period of time. If you miss less than a few days from your job, you're not going to receive lost earnings. In addition if you have an injury that heals within just three weeks, you're not entitled to temporary benefits. If you do sustain a personal injury that places you out of job for an extended time, then you will obtain compensation. On the other hand, this compensation is not your entire paycheck. Instead you receive around two-thirds of what you were earning at the time of the injury. If the doctor 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 doctor states you can work with limitations AND the Employer is not able to accommodate those restrictions, you may get 64% of your income. But if your employer 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 work because of a work associated injury, you will lose earnings. The lengthier your injury, the more earnings you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will definitely not be recovered.

A further constraint on your opportunity to obtain lost wages is that those benefits are only given for a particular period of time. As soon as you have reached maximum medical improvement, which is the doctors way of expressing you're on the right track now, you will not get any more temporary benefits. Even if you have not returned to work or your job is no more available, your temporary benefits end. If you get an impairment rating caused by a permanent injury, you will receive permanent impairment benefits, although those benefits are less than the temporary and they are very short lived. They commonly just last a matter of a few work-weeks or calendar months. Only very handful of injured workers, the most severely injured, have a chance of acquiring long term permanent benefits called permanent total disability.

If it comes down to medical care, your rights or benefits also have considerable limitations. If you have an injury that calls for critical care, then you can get that care without first acquiring Company or workers' compensation service provider authorization. Shortly after that early treatment, who you see for medical care is not your choice. Your Employer or more frequently its workers compensation insurance carrier will likely notify you exactly who you can treat with. If you don't like the medical professional they choose, then you may get a one time change but that's it. Also, you don't get to select that next health care provider either. One more time the work comp insurance provider picks the physician. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor expense. Your medical insurance will not pay for it.

At least one of the few positive elements of the health 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 accountable for all other expenses of medical care including prescription medicine and physical therapy. Still as you can probably see now, workers' comp is not a terrific system. It's also a complicated system.

If you find yourself in the work compensation system, you're better off getting guidance and perhaps legal representation sooner rather than later. Mistakes made in the workers' comp system may be troublesome or even impossible to unwind. And some mistakes can mean the end of your case altogether. Therefore if you have a workers' compensation accident, consult with us promptly. The advice is free of charge, and you are under no commitment to retain us. Assuming that you do hire us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for you!

We Don't Get Paid Unless You Recover

At Trial Pro, our personal injury lawyers work on a contingency fee basis. This means our firm cover the expenses of reviewing, building, negotiating and litigating your lawsuit. We do not bill you a single thing unless we recover compensation on your behalf. If we do not win your insurance claim, you will owe us nothing.

Our Gateway personal injury legal professionals also offer completely free consultations to study the elements of your case and determine if you have a lawsuit. Set Up a Free Examination

If you or someone else you love has been impaired because of someone else's negligence or neglectfulness, you need an excellent attorney on your side who is knowledgeable with the laws and regulations in Florida.

Our Gateway personal injury legal professionals are experts in personal injury lawsuits and have been acknowledged by our peers for our achievements. A few of our lawyers have been named as Super Lawyers and distinguished litigators for their victories on behalf of our clients.

We have recovered desirable verdicts and settlements that contributed in helping 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 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