After experiencing an accident in , 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 law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our 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 Kendall. 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, Brandon, Doctor Phillips, Forest City, Sebring, Eatonville and more!

Frequently Asked Questions About Workers Compensation in Kendall, 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 Kendall Work Compensation Attorneys Who Know How to Win Tough Cases

Are you searching for a Workers' Comp Law Firm near you? If you are injured or 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 variety of personal injury law matters. Our practice areas include all sorts of personal injuries; automobile accidents, motorcycle collisions, wrongful death cases, slip-and-fall accidents, truck collisions, construction injuries and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic advice and counsel to people in cities like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and 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 people who are 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 to blame or neglectful in leading to an injury, also this does not disqualify people from receiving benefits. However your boss or coworker can be negligent in leading to the injury, and this particular does not entitle you to additional benefits. Workers' compensation is said to be both a shield and a sword as far as providing for benefits. It is a "sword" because your Boss simply cannot defend against your claim by saying you were negligent in creating the injury. It is a "shield" that offers protection to Companies from having to pay workers many of the damages that are available to non-employees who are injured or hurt following the unfortunate incident.

Need to file a Workers' Comp Claim? Talk with our Expert Kendall Work Comp Lawyers Contact our office Today to schedule a free assessment - 800-874-2577

This good example exposes the "sword and shield" part of workers' compensation. Let's claim Evan is a pretty reckless chef. He hardly keeps an eye on what he's doing. He's heading out the side door on the job, hands packed with waste, to throw in the dumpster. As he runs down the well-lit stairways, he slips and collapses hurting his fibula. His supervisor comes to his aid, and observes that Evan as usual was transporting way too much to be safe and his shoelaces were undone. You might probably assume that Evan may not have a claim due to the fact that his negligence triggered the accident. But you would be wrong.

Kendall companies and property owners are legally responsible for maintaining their facilities and need to always keep it in a within reason safe and sound condition and advise occupants of any hazardous conditions of that they are aware or need to be aware.

And now let's alter the facts a little bit. Evan as opposed to being sloppy is very careful. He always ties his no slip shoes in double knots, never ever hurries down the staircases, and under no circumstances transports a lot more than he should. On the other hand his office manager has been relatively slack recently. The illumination on the stairs blown out, and he recognizes that one of the steps is busted and is a tripping risk. Then again he's too hectic to handle that problem right now. As a result, Evan trips on the busted dark stairway that his manager knew about, yet failed to even bother to notify Evan about. If you expect that Evan can possibly now file a claim against his manager or Workplace for negligence due to his boss's reckless actions, you would likely also be off-target. Unmindful Evan possesses the same legal rights as a seriously injured laborer 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.

So let's examine who is eligible to these particular benefits in The Sunshine State. First of all, you have to be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. Subsequently, the business that you work with will have to be big enough to be required to possess worker's compensation benefits. In the case that there are not a minimum of four staff members, then the Company isn't expected to offer workers' comp coverage unless it is a construction employment As well, there are various roles that usually are not protected in FL under workers' compensation. Instances of occupations that are not covered are nearly all real estate agents, owner-operators of rigs, the majority of volunteers, and taxi drivers.

Just let's say 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 office? Just like many legal issues, the answer is that it depends. To start with, the calamity or trauma has 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 caused the accident. A good example of a reasonably usual injury occurrence at work that is not commonly a work-related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during work hrs, this particular is not most likely to count as a workers compensation accident. It may have occurred at work, but the job did not inflict the heart attack. Even if you have a very arduous career and you're boss has been harassing you relentlessly and you have a stroke due partly to the other emotional 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 unassociated to your work responsibilities. Subsequently the fact that the event took place on the job is not sufficient. Exceptions to these exemptions emerge if: (a) you are engaged in an unusual strain or exertion at work, or (b) you are involved in a line of work where there is a presumption that such activity is work-related - for example, 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. So as to be in the course of employment, you literally have to be at work. If you have a car or truck collision either on your way to work or on your way home, most instances those traffic collisionsare not going to be regarded as job related accidents. There are exceptions. To be in the range of employment, you must be performing a task related to work in other words at least engaged in some kind of reasonable task the Company could possibly have anticipated. If your position is to perform paperwork in a business office but you injure or hurt yourself when you and your pal decide to have a race down the stairs to see who's in the very best condition that injury is not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing during the time of trauma is no more sufficiently connected to work to be regarded as work-related.

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 remain entitled to lost wages, you will have to miss a particular amount of work and the injury has to last a particular period of time. If you miss out less than a week from your job, you're not going to be given lost earnings. At the same time if you have a trauma that heals in just three full weeks, you're not qualified to short-term benefits. If you do suffer a personal injury that keeps you out of work for an extended period of time, then you will receive compensation. Nonetheless, this compensation is not your full salary. Instead you receive as much as two-thirds of what you were making at the time of the injury. If the doctor 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 states you can work with limitations AND the Business is not able to accommodate those restrictions, you will receive 64% of your earnings. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no reimbursement. So bottom line is that if you are missing work as a result of a work-related injury, you will lose earnings. The longer your injury, the more paychecks you can lose. Unless you settle your case eventually, those lost paychecks are gone for good and will certainly not be recovered.

So 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 get? To be entitled to lost wages, you must miss out a certain amount of workdays and the disability has to last a particular period of time. If you miss barely a full week from work, you're not going to be given lost earnings. Also if you have an injury that heals in less than three weeks, you're not entitled to short-term benefits. If you do sustain a personal injury that manages to keep you out of work for an extended period of time, then you will earn compensation. Unfortunately, this remuneration is not your entire salary. Rather you receive approximately two-thirds of what you were earning at the time of the injury. If the physician says no work at all, at that point you receive 66.67% of what you were making at the time of the injury. If the physician states you can work with limitations AND the Business is unable to accommodate those restrictions, you will receive 64% of your paycheck. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you receive no reimbursement. So bottom line is that if you are missing your job because of a work associated accident, you will lose wages. The greater your impairment, the more wages you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will definitely not be recovered.

A further restriction on your chance to get lost wages is that those benefits are just paid for a particular period of time. As soon as you have achieved maximum medical improvement, which is the physicians way of claiming you're as good as you're going to get, you will not get any more temporary benefits. Despite the fact that you have not come back to work or your position is no more 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 usually just last a matter of a few weeks or months. Only very handful of injured employees, the most badly injured, have a likelihood of obtaining long-term permanent benefits called permanent total disability.

If it comes down to medical care, your rights or benefits also have considerable constraints. If you have injuries that requires emergency care, at that point you can get that care without first getting Workplace or workers' comp insurance company authorization. Right after that initial treatment, who you see for medical treatment is not your choosing. Your Employer or more frequently its work compensation insurance provider will inform you who exactly you can treat with. If you don't prefer the doctor they choose, then you may obtain 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 compensation insurance provider picks the doctor. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that doctor out of pocket. Your health insurance won't cover it.

At least one of the few beneficial aspects of the medical 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 responsible for all other expenses of medical care including prescribed medication and physical therapy. Still as you have the ability to probably see already, workers' comp is not an excellent system. It's also a complex system.

If you find yourself in the workers compensation system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Errors made in the workers' compensation system may be hard if not impossible to unwind. And even some mistakes can guarantee the end of your case altogether. Therefore, if you have a workers' compensation injury, speak with us as soon as possible. The consultation is completely 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 expenses or costs. Our firm only gets paid when we get benefits for our clients!

Our "No Fee Unless We Win" Policy

At Trial Pro, our traffic collision lawyers operate on a contingency fee basis. That means we cover the expenses of investigating, building, negotiating and litigating your insurance claim. We do not bill you anything unless our attorneys recover compensation on your behalf. If we do not win your lawsuit, you will owe us completely nothing.

Our Kendall personal injury legal professionals also offer free assessments to review the particulars of your case and establish if you have a lawsuit. Schedule a Free Assessment

If you or another person you love has been impaired as a result of someone else's negligence or carelessness, you need a proven lawyer by your side who is knowledgeable with the statutes and laws in Florida.

Our Kendall personal injury legal professionals are skilled in personal injury litigation and have been acknowledged by our peers for our achievements. A few of our attorneys have been identified as Super Lawyers and prestigious litigators for their success on behalf of our clients.

We have recovered desirable verdicts and settlements that contributed in aiding our clients to bounce back 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 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