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 Golden Gate. 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, Rio Pinar, Arcadia, Immokalee, Paradise Heights, Buckingham and more!

Frequently Asked Questions About Workers Compensation in Golden Gate, 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 Golden Gate Workers' Compensation Attorneys Who Know How to Win Challenging Suits

Are you trying to find a Work Compensation Law Firm near you? If you are hurt, we recognize you may not have the ability to drop by our offices. Let us go to you!

Trial Pro, P.A. represents Floridians in a range of personal injury law matters. Our practice areas include all kinds of accidents; automobile collisions, motorcycle accidents, wrongful death claims, slip-and-fall accidents, semi collisions, construction injuries and workers comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to people in cities such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Contact our office for a free of cost and confidential discussion of your case.

Worker's Comp in FL is a legally required system of benefits that are available to most employees who are hurt on the job. It is a no-fault system, meaning that for the most part negligence in the root cause of an accident is a non-issue. You could be entirely to blame or neglectful in leading to an accident, also this does not exclude individuals from getting benefits. On the other hand your workplace or colleague could be negligent in leading to the accident, and this specific does not qualify you to additional benefits. is claimed to be equally a shield and a sword as for providing for benefits. It is a "sword" in that your Boss can't defend against your claim by saying you were negligent in creating the unfortunate incident. It is a "shield" that shields Workplaces from having to pay employees many of the damages that are readily available to non-employees who are injured cause by the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Golden Gate Work Comp Attorneys Call Trial Pro As soon as possible for your complimentary initial evaluation - 800-874-2577

This good example exposes the "sword and shield" aspect of workers' compensation. Let's say Evan is a remarkably careless cook. He rarely pays attention to what he's working on. He's heading out the side door at the workplace, hands loaded with waste, to put in the dumpster. As he races down the well-lighted staircases, he slips and falls down breaking his upper arm. His manager comes to his aid, and witnesses that Evan once and again was transporting way too much to be safe and his shoe laces were simply untied. You may perhaps think that Evan doesn't have a claim due to the fact that his recklessness triggered the accident. However, you would be wrong.

Golden Gate, FL companies and home owners are lawfully accountable for taking care of their properties and must maintain it in a within reason free from danger condition and warn occupants of any dangerous conditions of which they are aware or should be aware.

And now let's change the facts just a bit. Evan as opposed to being sloppy is exceptionally meticulous. He actually ties up his no slip work shoes in double knots, never rushes down the stairways, and never ever brings more than he should. However, his boss has been somewhat neglectful in recent times. The light on the stairs blown out, and he knows that one of the steps is cracked and is a tripping risk. Nevertheless he's too hectic to take care of that issue now. Consequently, Evan trips on the broken dark stair that his employer knew about, however failed to even try to inform Evan about. If you believe that Evan can possibly now sue his manager or Employer for negligence due to his boss's careless behaviors, you would likely also be off-target. Careless Evan has the very same rights as a seriously injured employee as mindful Evan does. That may seem not fair, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore, let's examine who is qualified to these benefits in The Sunshine State. To start with, you must be an employee. Independent contractors (or 1099 workers) are not entitled to workers comp benefits. Also, the organization that you work for has to be large enough to be required to hold work comp benefits. Assuming that there are not at least four staff members, then the Employer isn't expected to offer workers' comp insurance coverage except if it is a construction employment As well, there are certain roles that usually are not protected in The Sunshine State under workers' compensation. Cases of occupations that aren't covered are many real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi drivers.

Just let's claim you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at the workplace? Just like many legal inquiries, the answer is that it depends. First off, the calamity or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence implies that some element of the task triggered the accident. An example of a relatively frequent injury occurrence at work that is not frequently a work-related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack during work hrs, this particular is not really going to count as a worker comp injury. It may have taken place at work, but the job did not inflict the heart attack. Whether or not you have an extremely arduous career and you're supervisor has been harassing you non-stop and you have a stroke due partially 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 regarded to be personal in character and unassociated to your work functions. Consequently the fact that the incident manifested on the job is not sufficient. Exceptions to these exemptions emerge if: (a) you are involved in an unusual strain or effort at work, or (b) you are involved in an occupation where there is a probability that such an event is work-related - for instance a law enforcement officer or fire fighter.

"In the course and scope of employment" is in addition required for an accident to be covered under workers' comp. To be in the course of employment, you literally have to be at your job. If you have a auto collision either on your way to work or on your way home, the majority of instances those injuries are not going to be considered job related accidents. There are exceptions. To be in the scope of employment, you must be performing a task related to work in other words at least engaged in some sort of reasonable task the Employer could possibly have anticipated. If your job is to perform desk work in an office space but you hurt yourself when you and your friend choose to have a race down the stairway to see who's in the very best condition that 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 the time of personal injury is no longer sufficiently connected to work to get regarded as work-related.

So 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 accident that arose out of work, what do you get? To be entitled to lost wages, you will have to miss a particular amount of work and the disability has to last a specific period of time. If you miss out less than a few days from your job, you're not going to be given lost wages. In addition if you have a trauma that heals in just three weeks, you're not entitled to short-term benefits. If you do suffer an injury that keeps you out of your job for a lengthy time, then you will earn compensation. Nonetheless, this compensation is not your entire wage. Rather you obtain around two-thirds of what you were earning at the time of the personal injury. If the health care provider says no work at all, then you receive 66.67% of what you were making at the time of the accident. If the health professional claims you can work with restrictions AND the Company is not able to accommodate those restrictions, you may get 64% of your compensation. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing work because of a work associated injury, you will lose earnings. The longer your impairment, the more paychecks 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 accident that arose out of work, what do you receive? To remain entitled to lost wages, you must miss out a particular amount of work and the incapacity has to last a specific period of time. If you miss less than a few days from work, you're not going to receive lost earnings. Additionally if you have an injury that heals in less than three weeks, you're not qualified to short-term benefits. If you do suffer an accident that manages to keep you out of work for a prolonged time, then you will get compensation. On the other hand, this compensation is not your entire earnings. Instead you collect around two-thirds of what you were earning at the time of the accident. If the health professional says no work at all, at that time you receive 66.67% of what you were making at the time of the accident. If the physician suggests you can work with restrictions AND the Business is not able to accommodate those restrictions, you may obtain 64% of your income. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing your job due to a work-related accident, you will lose wages. The longer your injury, the more earnings you can forfeit. Unless you settle your case at some point, those lost earnings are gone for good and will certainly not be recovered.

A further constraint on your opportunity to receive lost wages is that those benefits are only paid for a specific period of time. Once you have achieved maximum medical improvement, which is the doctors way of stating you're as good as you're going to get, you will not get anymore temporary benefits. Even when you have not returned to work or your job is no more available, your temporary benefits end. If you receive an impairment rating due to a permanent lesion, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They generally just last a matter of a few weeks or calendar months. Only very handful of injured employees, the most seriously injured, have a likelihood of being given long term permanent benefits called permanent total disability.

If it relates to medical care, your rights or benefits also have substantial constraints. If you have an injury that calls for urgent care, at that point you can get that care without first obtaining Employer or workers' compensation service provider authorization. Right after that early medical care, who you see for health care is not your choice. Your Employer or often its work compensation insurance provider are going to inform you who exactly you can treat with. If you don't prefer the physician they select, then you can receive a one-time change but that's it. On top of that, you don't get to choose that next doctor either. Once again the workers compensation insurance provider picks the medical professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your medical insurance won't cover it.

One particular of the few positive elements of the health care is that you don't pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance provider is accountable for all other expenses of medical care including prescription medication and physical therapy. Still as you have the ability to probably see now, workers' comp is not an awesome system. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off getting guidance and perhaps a lawyer sooner rather than later. Mistakes made in the workers' comp system can be difficult if not impossible to unwind. Plus a couple errors can guarantee the end of your case completely. Therefore if you have a workers' compensation injury, contact us immediately. The consultation is absolutely free, and you are under no commitment to retain us. In case 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 our clients!

We Don't Get Paid Until You Get Paid

At Trial Pro, P.A., our collision lawyers work on a contingency fee basis. This means our firm cover the expenses of investigating, constructing, negotiating and litigating your case. We do not bill you a thing unless our lawyers recover compensation on your behalf. If we don't win your case, you will pay us absolutely nothing.

Our Golden Gate personal injury lawyers also provide no charge consultations to study the particulars of your insurance claim and determine if you have a lawsuit. Arrange a Free Examination

If you or someone you love has been injured because of someone else's negligence or neglectfulness, you need an excellent lawyer by your side who is familiar with the statutes and laws in Florida.

Our Golden Gate personal injury attorneys are well-versed in tort lawsuits and have been acknowledged by our peers for our achievements. Several of our attorneys have been mentioned as Super Lawyers and prominent litigators for their accomplishments in behalf of our clients.

We have recovered desirable verdicts and settlements that were instrumental in enabling 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 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