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 Lehigh Acres. 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, Hiawassee, Clarcona, Apopka, Metrowest, Montverde and more!

Frequently Asked Questions About Workers Compensation in Lehigh Acres, 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 Lehigh Acres Workers' Compensation Attorneys Who Know How to Succeed In Challenging Cases

Are you looking for a Work Compensation Law Firm near you? If you are injured, we recognize you may not have the ability to visit our offices. Let us come to your place!

Trial Pro, P.A. represents Floridians in a range of personal injury law matters. Our practice areas include all forms of injuries; car accidents, motorcycle accidents, wrongful death cases, slip-and-fall accidents, large trucks accidents, construction injuries and workers compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to clients in cities such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Contact our firm for a free and confidential discussion of how we can help.

Worker's Comp in Florida is a legally required system of benefits that are accessible to most workers 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 completely at fault or neglectful in triggering an injury, and this does not disqualify you from receiving benefits. Conversely your manager or coworker could be negligent in leading to the unfortunate incident, and this particular does not entitle you to additional benefits. Workers' compensation is claimed for being simultaneously a shield and a sword as far as providing for benefits. It is a "sword" because your Workplace simply cannot defend against your claim by saying you were negligent in triggering the unfortunate incident. It is a "shield" that provides protection to Employers from having to pay staff members many of the damages that are readily available to non-employees who are hurt cause by the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Lehigh Acres Workers' Compensation Lawyers Regardless of where your home is situated Contact us Today for a free consultation - 800-874-2577

This scenario explains the "sword and shield" side of Worker's Comp. Let us's point out that Evan is a pretty reckless chef. He rarely cares about what he's working on. He's going out the side door on the job, hands loaded with garbage, to throw in the dumpster. As he rushes down the well-lighted stairways, he slips and falls down snapping his clavicle. His boss comes to his aid, and witnesses that Evan once and again was carrying excessive amounts of garbage to be safe and his shoe laces were simply untied. You may perhaps believe that Evan may not have a claim due to the fact that his recklessness caused the injury. Yet you'd be mistaken.

Lehigh Acres businesses and residential or commercial property owners are legally responsible for taking care of their facilities and must always keep it in a fairly safe and secure condition and notify occupants of any harmful conditions of which they are conscious or need to be aware.

Now let's alter the facts to some extent. Evan rather than being careless is remarkably mindful. He actually ties up his no slip boots in repeated knots, never ever runs down the stairs, and by no means holds more than he should. On the other hand his supervisor has been somewhat slack recently. The light bulb on the staircases blown out, and he knows that one of the steps is damaged and is a tripping hazard. Then again he's too tied up to handle that issue at this moment. As a result, Evan trips on the busted unlit staircase that his employer knew about, and yet failed to even bother to notify Evan about. If you believe that Evan can easily now litigate his manager or Workplace for negligence due to his manager's careless actions, you will also be off-target. Negligent Evan has the same rights as a hurt laborer as mindful Evan does. That may seem unreasonable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

So let's analyze who is qualified to these particular benefits in FL. First of all, you have to be an employee. Independent contractors (or 1099 professionals) are not entitled to workers comp benefits. Also, the company that you work for will need to be large enough to be required to possess workers' comp benefits. In the event that there are not a minimum of four staff members, then the Employer isn't expected to offer work comp coverage except if it is a building and construction job As well, there are specific occupations that aren't covered in Florida under workers comp. Some examples of occupations that aren't covered are many real estate agents, owner-operators of rigs, the majority of volunteers, and taxi cab drivers.

Just let's suppose 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? Just like many legal questions, the answer is that it depends. To begin with, the calamity or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence means that some aspect of the work led to the accident. A good example of a fairly regular injury occurrence at work that is not commonly a job related accident is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest in the course of work hours, this particular is not likely going to count as a workers' comp accident. It may have occurred at work, but the job did not inflict the cardiac arrest. Even if you have a very demanding job 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 likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are considered to be personal in nature and unassociated to your work functions. Subsequently the simple fact that the event occurred at the workplace is not enough. Exceptions to these exemptions arise if: (a) you are involved in an unusual stress or exertion on the job, or (b) you are involved in an employment where there is a probability that such activity is work-related - such as a law enforcement officer or fire fighter.

"In the course and scope of employment" is also required for an accident to be covered under workers comp. To be in the course of employment, you literally have to be at work. If you have a motor vehicle 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 injuries. There are exceptions. To remain in the scope of employment, you have to be doing something related to work in other words at the very least engaged in some type of reasonable activity the Employer could have foreseen. If your employment is to perform paperwork in a business office but you injure yourself when you and your colleague 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 drifted 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 regarded as work-related.

So let's say you've cleared the hurdles of being a worker that's injured or hurt 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 will have to miss a certain amount of work and the injury has to last a specific period of time. If you skip barely a week or so from your job, you're not going to collect lost earnings. At the same time if you have an injury that heals in less than three full weeks, you're not qualified to short-term benefits. If you do suffer a personal injury that places you out of work for an extended time, then you will receive compensation. Nonetheless, this remuneration is not your full earnings. Instead you get around two-thirds of what you were earning at the time of the personal injury. If the health professional 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 medical professional claims you can work with restrictions AND the Business is unable to accommodate those limitations, you will receive 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 compensation. So bottom line is that if you are missing your job as a result of a work associated injury, you will lose wages. The lengthier your disability, the more paychecks you can lose. Unless you settle your case eventually, those lost paychecks are gone for good and will not be recovered.

Thus let's say you've cleared the hurdles of being a worker that's hurt in the course and scope of your job by an accident that arose out of work, what do you get? To remain entitled to lost wages, you have to miss a particular amount of workdays and the injury has to last a certain period of time. If you miss out barely a full week from work, you're not going to collect lost wages. Also if you have a trauma that heals within just three weeks, you're not qualified to temporary benefits. If you do sustain a trauma that keeps you out of work for a lengthy time, then you will receive compensation. Having said that, this compensation is not your entire wage. Instead you obtain as much as two-thirds of what you were earning at the time of the accident. If the medical professional 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 physician claims you can work with restrictions AND the Employer is unable to accommodate those limitations, you may obtain 64% of your compensation. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no reimbursement. So bottom line is that if you are missing your job due to a work associated accident, you will lose earnings. The greater your injury, the more paychecks 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 limitation on your opportunity to obtain lost wages is that those benefits are just paid for a certain period of time. Once you have reached maximum medical improvement, which is the doctors way of expressing 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 longer available, your temporary benefits end. If you get an impairment rating due to a permanent injury, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few work-weeks or months. Only very few injured workers, the most seriously hurt, have a chance of getting long term permanent benefits called permanent total disability.

Every time it comes down to medical care, your rights or benefits also have major constraints. If you have an injury that requires critical care, then you can get that care without first obtaining Employer or workers' comp service provider approval. Just after that early medical care, who you see for medical care is not your selection. Your Employer or often its work compensation insurance service provider may tell 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. Moreover, you don't have the ability to choose that next health care provider either. One more time the work comp 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 health professional expense. Your medical insurance won't pay for it.

One of the few beneficial aspects of the health care is that you don't pay for it period, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance company is responsible for all other costs of treatment including prescribed medication and physical therapy. Still as you have the ability to probably see by now, workers' comp is not an outstanding system. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off obtaining guidance and possibly legal representation sooner rather than later. Errors made in the workers' compensation system can be challenging or even impossible to unwind. And also certain errors can mean the end of your case entirely. Therefore, if you have a workers' comp accident, contact us without delay. The advice is completely free, and you are under no obligation to retain us. If you do hire us, you won't be out of pocket for any charges or costs. Our firm only gets paid when we get benefits for you!

No Fees Unless We Win

At Trial Pro, our traffic collision lawyers work on a contingency fee basis. This means our experts cover the expenses of researching, building, negotiating and litigating your lawsuit. We do not charge you a single thing unless our attorneys recover compensation on your behalf. If we don't win your claim, you will pay us nothing at all.

Our Lehigh Acres injury lawyers also offer free consultations to discuss the particulars of your claim and determine if you have a lawsuit. Arrange a Free Consultation

If you or someone you love has been hurt as a result of someone else's negligence or neglectfulness, you need a skilled attorney by your side who is knowledgeable with the policies and regulations in Florida.

Our Lehigh Acres injury attorneys are well-versed in tort litigation and have been recognized by our peers for our achievements. A few of our legal professionals have been listed as Super Lawyers and prominent litigators for their accomplishments in behalf of our clients.

We have recovered desirable judgments and settlements that contributed in helping our clients recoup from their personal injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve for your personal 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