After experiencing an accident in Melbourne, 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 Melbourne law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Melbourne 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 Lotus. 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, Sebring, Citrus Ridge, Doctor Phillips, Satellite Beach, Ave Maria and more!

Frequently Asked Questions About Workers Compensation in Lotus, 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 Lotus Workers' Comp Attorneys Who Know How to Succeed In Tough Cases

Are you looking for a Workers' Compensation Law Firm near you? If you are injured or hurt, we understand you may not be able to visit our offices. If you're unable to come to our office, our firm 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 injuries; motor vehicle accidents, motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, large trucks collisions, construction injuries and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic advice and counsel to clients in areas like Indian River Shores, Melbourne Gardens, Port Saint John, Melbourne Village, Cape Canaveral, Gifford and across Florida. Call our firm for a free and confidential assessment of how we can help.

Worker's Comp in FL is a legally required system of benefits that are accessible to most people who are 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 could be entirely at fault or neglectful in causing an accident, and this does not disqualify individuals from collecting benefits. On the other hand your manager or colleague might be negligent in leading to the accident, and this specific does not qualify you to more benefits. Workers' compensation is said to be simultaneously 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 triggering the unfortunate incident. It is a "shield" that safeguards Companies from having to pay laborers many of the damages that are accessible to non-employees who are injured after the unfortunate incident.

Need to file a Workers' Comp Claim? Talk with our Expert Lotus, FL Workers' Compensation Attorneys Contact our office right now for the powerful representation you and your family needs - 800-874-2577

This scenario clarifies the "sword and shield" part of Work Comp. Let us's state Evan is a considerably sloppy chef. He hardly cares about what he's working on. He's going out the side door at the workplace, hands packed with trash, to put in the dumpster. As he runs down the well-lit stairs, he trips and collapses hurting his ankle. His employer comes to his aid, and witnesses that Evan once and again was transporting way too much to be safe and his shoe laces were untied. You might actually assume that Evan may not have a claim simply because his recklessness resulted in the accident. Yet you'd be mistaken.

Lotus companies and home owners are by law accountable for looking after their properties and have to keep it in a fairly safe condition and inform occupants of any unsafe conditions of that they are aware or should be aware.

Now let's change the facts a little bit. Evan as opposed to being sloppy is exceptionally careful. He always ties up his no slip boots in double knots, not ever hurries down the stairs, and under no circumstances transports more than he can. However, his boss has been relatively slack lately. The light fixture on the staircases burned out, and he recognizes that one of the steps is busted and is a tripping risk. However he's too tied up to deal with that issue now. Consequently, Evan trips on the broken down unlit stair that his manager knew about, and yet failed to even try to notify Evan about. If you expect that Evan is able to now sue his boss or Employer for negligence due to his boss's negligent actions, you would most likely also be off-target. Reckless Evan has the very same rights as an injured person as cautious Evan does. That may seem unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore, let's analyze who is entitled to these benefits in FL. To start with, you have to be an employee. Independent contractors (or 1099 professionals) are not entitled to workers comp benefits. Additionally, the organization that you work for has to be big enough to be required to possess workers' comp benefits. If there aren't a minimum of four employees, then the Employer isn't expected to hold work comp coverage unless it is a building and construction job Also, presently there are various jobs that aren't protected in FL under workers' compensation. Instances of jobs that aren't covered are nearly all real estate agents, owner-operators of semis, the majority of volunteers, and taxi cab drivers.

So let's claim that you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident at the office? Like many legal inquiries, the answer is that it depends. Primarily, the calamity or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially implies that some element of the job led to the accident. A good example of a fairly common injury instance at the workplace that is not usually a work-related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest during the course of work hrs, this is not going to count as a worker comp accident. It may have taken place at work, but the job did not inflict the cardiac arrest. Whether or not you have a very demanding career and you're supervisor 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 regarded to be personal in character and unassociated to your work functions. Therefore the simple fact that the calamity occurred on the job is not enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual strain or exertion on the job, or (b) you are involved in an employment 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 also required for an injury to be protected under workers' comp. In order to be in the course of employment, you in essence have to be at work. If you have a automobile collision either on your way to work or on your way home, a lot of instances those injuries are not going to be considered job related injuries. There are exceptions. To remain in the scope of employment, you need to be working on something related to work or at least engaged in some kind of reasonable task the Business could have foreseen. If your occupation is to perform paperwork in a business office but you hurt yourself when you and your buddy choose to have a race down the stairway to see who's in the very best shape that personal injury is not going to be considered work-related. You have foolishly deviated from your work duties to the point that what you're doing during the time of accident is no more sufficiently connected to work to be considered work-related.

Thus 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 injury that arose out of work, what do you obtain? To be entitled to lost wages, you have to miss a certain amount of work and the incapacity has to last a specific period of time. If you miss no more than a week or so from work, you're not going to collect lost wages. At the same time if you have a trauma that heals in less than three weeks, you're not entitled to short-term benefits. If you do sustain an injury that manages to keep you out of work for an extended time, then you will obtain compensation. Having said that, this compensation is not your entire income. Instead you receive about two-thirds of what you were making at the time of the accident. If the health care provider says no work at all, at that point you receive 66.67% of what you were earning at the time of the accident. If the health professional states you can work with restrictions AND the Business is unable to accommodate those restrictions, you will receive 64% of your wages. 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 accident, you will lose wages. The lengthier your impairment, the more paychecks you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will not be recovered.

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 receive? To remain entitled to lost wages, you will have to miss a certain amount of work and the disability has to last a certain period of time. If you miss barely a full week from your job, you're not going to collect lost wages. In addition if you have an injury that heals in less than three full weeks, you're not qualified to short-term benefits. If you do sustain a trauma that keeps you out of your job for an extended time, then you will earn compensation. That being said, this compensation is not your full earnings. Rather you collect as much as two-thirds of what you were making at the time of the accident. If the doctor says no work at all, at that point you get 66.67% of what you were earning at the time of the injury. If the health professional claims you can work with restrictions AND the Employer is not able to accommodate those restrictions, you will receive 64% of your paycheck. 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 work due to a work associated injury, you will lose wages. The longer your impairment, the more wages you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will not be recovered.

A further restriction on your ability to earn lost wages is that those benefits are only paid for a particular period of time. As soon as you have obtained maximum medical improvement, which is the doctors way of claiming you're on the right track now, you don't 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 receive 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 calendar months. Only very handful of injured workers, the most seriously hurt, have a likelihood of acquiring long-term permanent benefits called permanent total disability.

If it pertains to medical care, your rights or benefits also have big limitations. If you have an injury that calls for critical care, at that point you can get that care without first getting Workplace or workers' comp service provider approval. Just after that initial treatment, who you see for medical care is not your choice. Your Employer or more often its workers compensation insurance service provider are going to notify you exactly who you can treat with. If you don't like the medical professional they choose, then you might get a one-time change but that's it. Plus, you don't get to select that next doctor either. One more time the workers compensation insurance carrier picks the doctor. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health care provider out of pocket. Your medical insurance will not cover it.

At least one of the few positive elements of the medical care is that you don't pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance provider is accountable for all other costs of medical care including prescribed medicine and physical therapy. Still as you can probably see already, workers' comp is not a terrific program. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off getting guidance and possibly legal representation sooner rather than later. Errors made in the workers' compensation system may be hard or even impossible to unwind. And even a number of errors can guarantee the end of your case entirely. Therefore, if you have a workers' comp injury, consult us promptly. The advice is absolutely free, and you are under no obligation to retain us. In the case that you do retain us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for you!

No Fee Unless Recovery

At Trial Pro, our accident attorneys work on a contingency fee basis. That means our firm cover the expenses of reviewing, constructing, negotiating and litigating your insurance claim. We do not charge you a thing unless our lawyers recover compensation on your behalf. If we don't win your suit, you will owe us absolutely nothing.

Our Lotus personal injury attorneys also offer cost-free assessments to examine the details of your case and establish if you have a case. Arrange a Free Examination

If you or another person you love has been hurt because of someone else's negligence or neglectfulness, you need a prestigious attorney by your side who is familiar with the laws and laws in Florida.

Our Lotus injury lawyers are skilled in accident lawsuits and have been recognized by our peers for our success. Several of our legal professionals have been classified as Super Lawyers and prominent litigators for their accomplishments on behalf of our clients.

We have recovered desirable verdicts and compensations that were instrumental in enabling our clients to 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 injuries.

Acquiring Compensation for Your Workplace Injury in Brevard 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