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 Iona Felda. 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, Titusville, Campbell, Tildenville, Pine Hills, Maitland and more!

Frequently Asked Questions About Workers Compensation in Iona Felda, 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 Iona Felda Workers' Compensation Attorneys Who Know How to Win Tough Suits

Are you searching for a Workers' Comp Lawyers near you? If you are hurt, we recognize you may not be able to drop by our offices. Let us come to your place!

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

Work Comp in FL is a legally required system of benefits that are available to most people who are injured at work. 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 neglectful in causing an injury, and this does not disqualify individuals from obtaining benefits. On the other hand your supervisor or colleague can be negligent in leading to the unfortunate incident, and this specific does not entitle you to more benefits. Worker's Comp is said for being both a shield and a sword as for providing for benefits. It is a "sword" in that your Boss can not defend against your claim by saying you were negligent in causing the accident. It is a "shield" that protects Workplaces from having to pay employees many of the damages that are readily available to non-employees who are hurt as a result of the accident.

Need to file a Workers' Comp Claim? Talk with our Expert Iona Felda, Florida Work Comp Lawyers Call Trial Pro Today to schedule a free consultation - 800-874-2577

This good example explains the "sword and shield" part of Worker's Comp. Let us's claim Evan is a pretty reckless chef. He hardly keeps an eye on what he's working on. He's going out the back door at the workplace, hands full of trash, to toss in the dumpster. As he races down the luminous stairways, he trips and collapses fracturing his upper arm. His boss comes to his aid, and witnesses that Evan as usual was transporting way too much to be safe and his shoelaces were simply undone. You might think that Evan doesn't have a case considering his neglect induced the accident. Yet you'd be not right.

Iona Felda companies and residential or commercial property owners are legally responsible for looking after their properties and have to keep it in a within reason safe and secure condition and notify occupants of any harmful conditions of that they are aware or should be aware.

Now let's change the facts slightly. Evan instead of being careless is tremendously cautious. He actually ties up his no slip boots in double knots, never ever hurries down the stairways, and under no circumstances carries a lot more than he should. However his boss has been fairly neglectful recently. The illumination on the staircases blown out, and he realizes that one of the steps is damaged and is a tripping hazard. Nevertheless he's too hectic to address that issue at this moment. As a result, Evan trips on the busted unlit staircase that his employer knew of, but didn't even bother to caution Evan about. If you think that Evan can possibly now file a claim against his boss or Workplace for negligence due to his manager's careless behaviors, you would also be off-target. Reckless Evan has the exact same legal rights as a seriously injured worker as careful Evan does. That may appear unjust, but that is a consequence of fault of negligence being a non-issue in workers comp.

Therefore, let's analyze who is eligible to these particular benefits in FL. First of all, you have to be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. Subsequently, the organization that you work with needs to be large enough to be required to possess work comp benefits. In case there aren't a minimum of four employees, then the Employer isn't obligated to hold worker's compensation insurance except if it is a construction employment Also, presently there are various jobs that usually are not protected in The Sunshine State under workers' compensation. Examples of jobs that are not covered are most real estate agents, owner-operators of eighteen-wheelers, almost all volunteers, and taxi cab drivers.

Therefore let's claim that you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer an injury or have an accident at the workplace? Just like many legal questions, the answer is that it depends. Primarily, the accident or injury needs 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. An example of a relatively common injury occurrence at the workplace that is not commonly a work-related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack in the course of work hours, this particular is not likely going to count as a worker comp accident. It may have taken place at work, but the job did not trigger the heart attack. Whether or not you have a very arduous job and you're boss has been harassing you relentlessly and you have a stroke due in part to the other emotional toll work takes on you, this is not likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are considered to be personal in character and unconnected to your work functions. Subsequently the simple fact that the calamity took place on the job is not sufficient. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or effort on the job, or (b) you are involved in a line of work where there is a probability that such an event is work-related - for instance, a police officer or fireman.

"In the course and scope of employment" is required for an accident to be protected under Workers' Compensation Benefits. So as to be in the course of employment, you definitely have to be at your job. If you have a auto crash either on your way to work or on your way home, a lot of instances those traffic collisionsare not going to be regarded as job related injuries. There are exceptions. To remain in the scope of employment, you must be engaging in a task related to work or even at the very least engaged in some kind of reasonable activity the Employer could have anticipated. If your employment is to do paperwork in an office but you injure or hurt yourself when you and your friend decide to have a run down the stairs to see who's in the best condition that personal injury is certainly 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 more 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 injured or hurt 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 have to miss out a certain amount of workdays and the injury has to last a certain period of time. If you miss less than a week or so from work, you're not going to receive lost wages. In addition if you have a trauma that heals within three full weeks, you're not qualified to short-term benefits. If you do suffer a personal injury that manages to keep you out of work for an extended period of time, then you will obtain compensation. That being said, this compensation is not your full wage. Instead you get about two-thirds of what you were making at the time of the personal injury. If the medical professional 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 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 restrictions and you are making 80% of your pre-injury earnings, you receive no compensation. So bottom line is that if you are missing work as a result of a work associated accident, you will lose wages. The lengthier your impairment, the more paychecks you can forfeit. Unless you settle your case at some point, those lost earnings are gone for good and will not be recovered.

Therefore, let's say you've cleared the hurdles of being a worker that's injured in the course and scope of your job by an accident that arose out of work, what do you receive? To be entitled to lost wages, you must miss out a certain amount of work and the incapacity has to last a specific period of time. If you skip barely a week from work, you're not going to get lost wages. Also if you have an injury that heals in just three full weeks, you're not qualified to temporary benefits. If you do suffer a personal injury that places you out of job for a prolonged time, then you will receive compensation. On the other hand, this remuneration is not your entire wage. Instead you receive approximately 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 making at the time of the injury. If the physician claims you can work with limitations AND the Business is not able to accommodate those limitations, you may get 64% of your wages. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you receive no reimbursement. So bottom line is that if you are missing your job as a result of a work-related accident, you will lose wages. The greater your disability, the more earnings you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will definitely not be recovered.

A further limitation on your chance to get lost wages is that those benefits are just paid for a specific period of time. Once you have attained maximum medical improvement, which is the physicians way of stating you're on the right track now, you will not get anymore temporary benefits. Even when you have not gone back to work or your position is no longer available, your temporary benefits end. If you get an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, but 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 months. Only very few injured workers, the most seriously hurt, have a likelihood of obtaining long-term permanent benefits called permanent total disability.

Every time it comes to medical care, your rights or benefits also have major constraints. If you have injuries that calls for urgent care, then you can get that care without first getting Company or workers' compensation service provider approval. Soon after that very first treatment, who you see for medical treatment is not your choosing. Your Employer or more frequently its work comp insurance service provider will notify you who you can treat with. If you don't prefer the doctor they pick, then you can receive a one-time change but that's it. Also, you don't have the ability to choose that next physician either. Once again the workers comp insurance carrier picks the health care provider. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health care provider expense. Your health insurance will not cover it.

At least one of the few beneficial elements of the health care is that you don't pay for it period, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is accountable for all other expenses of medical care including prescribed medication and physical therapy. Still as you can probably see by now, workers' compensation is not an outstanding system. It's also a complicated system.

If you find yourself in the work comp system, you're better off obtaining guidance and perhaps a lawyer sooner rather than later. Mistakes made in the workers' comp system might be challenging or even impossible to unwind. Plus a number of errors can signify the end of your case entirely. Therefore if you have a workers' comp accident, consult us immediately. The advice 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 Only Get Paid Attorney Fees, If You Win

At Trial Pro, our personal injury lawyers work on a contingency fee basis. That means our experts cover the expenses of investigating, building, negotiating and litigating your insurance claim. We do not charge you a thing unless we recover compensation on your behalf. If we don't win your suit, you will pay us completely nothing.

Our Iona Felda personal injury attorneys also provide totally free consultations to study the elements of your case and establish if you have a case. Schedule a Free Examination

If you or somebody else you love has been injured as a result of someone else's negligence or carelessness, you need a highly regarded attorney by your side who is familiar with the statutes and laws in The Sunshine State.

Our Iona Feldan injury legal professionals are experts in tort lawsuits and have been acknowledged by our peers for our victories. A few of our attorneys have been listed as Super Lawyers and prestigious litigators for their victories in behalf of our clients.

We have recovered desirable verdicts and compensations that were instrumental in aiding our clients recoup from their 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