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 Jerome. 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, Ybor City, Sebring, Oldsmar, Brandon, Fairview Shores and more!

Frequently Asked Questions About Workers Compensation in Jerome, 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 Jerome Workers' Compensation Attorneys Who Know How to Succeed In Tough Lawsuits

Are you looking for a Work Compensation Attorneys near you? If you are injured, we recognize you may not be capable to visit our offices. If you're unable to come to our office, we can come to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury legal matters. Our practice areas include all sorts of personal injuries; automobile accidents, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, truck collisions, 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 people in areas such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and across Florida. Get in touch with our law firm for a complimentary and confidential discussion of how we can help.

Workers' compensation in FL is a legally required system of benefits that are 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 cause of an accident is a non-issue. You can be completely to blame or neglectful in causing an accident, moreover this does not disqualify you from collecting benefits. Conversely your employer or coworker can possibly be negligent in triggering the unfortunate incident, and this specific does not entitle you to extra benefits. Workers' compensation is claimed to be equally 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 provides protection to Companies from having to pay employees many of the damages that are available to non-employees who are hurt after the unfortunate incident.

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

This scenario explains the "sword and shield" factor of workers' compensation. Let's say Evan is an extremely reckless baker. He rarely focuses on what he's working on. He's going out the back door at work, hands packed with garbage, to toss in the dumpster. As he races down the luminous stairs, he slips and falls down cracking his leg. His employer comes to his aid, and observes that Evan as is the custom was transporting way too much to be safe and his shoe laces were simply untied. You might believe that Evan may not have a case simply because his negligence resulted in the injury. Yet you would be incorrect.

Jerome businesses and residential or commercial property owners are under legal standing accountable for looking after their premises and have to maintain it in a fairly safe and secure condition and caution occupants of any dangerous conditions of that they are conscious or need to be aware.

Now let's change the facts slightly. Evan rather than being reckless is remarkably careful. He always ties up his no slip work shoes in double knots, never rushes down the staircases, and never transports more than he can. On the other hand his business manager has been relatively slack lately. The light on the stairways blown out, and he knows that one of the steps is busted and is a tripping hazard. Nevertheless he's too busy to handle that issue at the moment. Consequently, Evan trips on the cracked unlit stairway that his employer knew about, yet failed to even bother to notify Evan about. If you expect that Evan can now take legal action against his boss or Workplace for negligence due to his boss's reckless behaviors, you would also be mistaken. Careless Evan possesses the very same rights as an injured worker as mindful Evan does. That may appear unjustifiable, 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 benefits in FL. To start with, you need to be an employee. Independent contractors (or 1099 workers) are not qualified to work comp benefits. Additionally, the company that you work for needs to be large enough to be required to carry worker's compensation benefits. Assuming that there are not at the very least four staff members, then the Business isn't required to hold worker's compensation coverage unless it is a building and construction employment Also, there are certain jobs that aren't covered in Florida under work comp. Samples of jobs that aren't covered are most real estate agents, owner-operators of semis, the majority of volunteers, and taxi drivers.

Therefore let's say you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you suffer injuries or have an accident at the office? Like many legal inquiries, the answer is that it depends. Primarily, the calamity or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially denotes that some aspect of the work triggered the accident. An example of a fairly usual injury occurrence at work that is not commonly a job related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest during the course of work hours, this particular is not likely going to count as a worker comp accident. It may have happened at work, but the work did not inflict the heart attack. Whether or not you have a very arduous career and you're employer has been harassing you non-stop and you have a stroke due somewhat to the other psychological 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 character and unrelated to your work duties. Subsequently the simple fact that the misfortune occurred on the job is not enough. Exceptions to these exclusions emerge if: (a) you are engaged in an unusual stress or exertion 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 police officer or fireman.

"In the course and scope of employment" is in addition required for an injury to be protected under Workers Compensation. In order to be in the course of employment, you in essence have to be at work. If you have a car or truck collision either on your way to work or on your way home, the majority of instances those collisions are not going to be considered work-related injuries. There are exceptions. To be in the scope of employment, you have to be engaging in something related to work in other words at the very least engaged in some form of reasonable task the Employer could possibly have anticipated. If your occupation is to do paperwork in an office but you injure yourself when you and your buddy choose to have a race down the staircase to see who's in optimum condition that accident is certainly not going to be considered work-related. You have unreasonably deviated from your work duties to the point that what you're doing during the time of trauma is no longer sufficiently linked to work to get considered work-related.

Therefore, let's claim that you've cleared the hurdles of being a worker that's injured or hurt in the course and scope of your job by an injury that arose out of work, what do you receive? To be entitled to lost wages, you have to miss out a particular amount of workdays and the injury has to last a certain period of time. If you miss no more than a week from your job, you're not going to get lost earnings. At the same time if you have a trauma that heals in less than three weeks, you're not entitled to temporary benefits. If you do suffer a personal injury that keeps you out of your job for a prolonged period of time, then you will obtain compensation. Unfortunately, this compensation is not your entire wage. Instead you collect approx two-thirds of what you were making at the time of the injury. If the health care provider says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the doctor claims you can work with restrictions AND the Business is unable to accommodate those restrictions, you will get 64% of your paycheck. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you get no reimbursement. So bottom line is that if you are missing work because of a work-related injury, you will lose earnings. The greater your injury, the more earnings you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.

So let's say you've cleared the hurdles of being an employee that's injured or hurt in the course and scope of your job by an accident that arose out of work, what do you obtain? To remain entitled to lost wages, you have to miss out a certain amount of work and the incapacity has to last a certain period of time. If you miss less than a week or so from your job, you're not going to receive lost wages. At the same time if you have an injury that heals in less than three weeks, you're not qualified to temporary benefits. If you do suffer a trauma that places you out of your job for a prolonged period of time, then you will receive compensation. Having said that, this remuneration is not your entire salary. Instead you obtain approximately two-thirds of what you were making at the time of the injury. If the medical professional says no work at all, then you get 66.67% of what you were making at the time of the injury. If the physician suggests you can work with limitations AND the Company is not able to accommodate those limitations, you will receive 64% of your salary. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you get no reimbursement. So bottom line is that if you are missing work as a result of a work associated injury, you will lose earnings. The longer your disability, the more paychecks you can lose. Unless you settle your case at some point, those lost wages are gone for good and will certainly not be recovered.

A further restriction on your opportunity to obtain lost wages is that those benefits are just paid for a particular period of time. As soon as you have acquired maximum medical improvement, which is the physicians way of claiming you're good to go, you don't get any more temporary benefits. Even when you have not come back 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 in most cases just last a matter of a few work-weeks or calendar months. Just very handful of injured employees, the most badly hurt, have a chance of acquiring long term permanent benefits called permanent total disability.

If it comes to medical care, your rights or benefits also have major constraints. If you have injuries that requires emergency care, at that point you can get that care without first obtaining Workplace or workers' compensation provider authorization. Just after that early treatment, who you see for health care is not your decision. Your Employer or often its work comp insurance carrier will notify you who you can treat with. If you don't like the health care provider they select, then you can get a one-time change but that's it. Also, you don't have the ability to select that next medical professional either. Again the work compensation insurance provider picks the health professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health professional expense. Your medical insurance won't pay for it.

One of the few beneficial elements of the medical care is that you do not pay for it period, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is accountable for all other expenses of medical care including prescription medication and physical therapy. Still as you can probably see now, workers' compensation is not a fabulous system. It's also a complicated system.

If you find yourself in the work compensation system, you're better off getting guidance and possibly a lawyer sooner rather than later. Mistakes made in the workers' comp system might be challenging or even impossible to unwind. And also certain mistakes can mean the end of your case altogether. Therefore if you have a workers' comp accident, talk to us as soon as possible. The consultation is totally free, and you are under no obligation to retain us. In the event that you do retain us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for our clients!

No Fees Unless We Win

At Trial Pro, P.A., our traffic collision lawyers work on a contingency fee basis. This means we cover the costs of investigating, building, negotiating and litigating your claim. 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 pay us completely nothing.

Our Jerome personal injury attorneys also offer no charge assessments to study the specifics of your case and determine if you have a suit. Set Up a Free Consultation

If you or another person you love has been injured because of someone else's negligence or neglectfulness, you need a trusted attorney on your side who is knowledgeable with the statutes and regulations in FL.

Our Jerome injury legal professionals are experts in personal injury litigation and have been recognized by our peers for our successes. Some of our attorneys have been listed as Super Lawyers and notable litigators for their achievements in behalf of our clients.

We have recovered favorable judgments and compensations that were instrumental in aiding our clients to bounce back 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 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