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 Marco. 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, Ocoee, Southchase, Belle Isle, Cocoa Beach, Suntree and more!

Frequently Asked Questions About Workers Compensation in Marco, 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 Marco Workers' Compensation Lawyers Who Know How to Win Tough Lawsuits

Are you trying to find a Work Compensation Attorneys near you? If you are injured or hurt, we understand you may not be capable to drop by our offices. If you're unable to come to our office, our firm can come to you!

Trial Pro, P.A. works with Floridians in a range of personal injury law matters. Our practice areas include all forms of injuries; motor vehicle accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall injuries, large trucks accidents, construction accidents and workers compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic advice and counsel to people in areas such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Get in touch with our firm for an absolutely free and confidential assessment of your case.

Workers' compensation 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 accident is a non-issue. You can be entirely to blame or neglectful in resulting in an accident, and this does not exclude people from collecting benefits. However your workplace or coworker can possibly be negligent in causing the accident, and this does not qualify you to even more benefits. Workers' compensation is claimed as being simultaneously a shield and a sword as far as providing for benefits. It is a "sword" in that your Workplace can not defend against your claim by saying you were negligent in creating the accident. It is a "shield" that provides protection to Employers from having to pay workers a lot of the damages that are accessible to non-employees who are hurt due to the accident.

Need to File a Workers' Compensation Claim? Talk with our Expert Marco, Florida Workers' Compensation Lawyers Contact our office Today for a totally free case evaluation - 800-874-2577

This situation illustrates the "sword and shield" aspect of workers' compensation. Let's say Evan is a very sloppy chef. He hardly pays attention to what he's doing. He's going out the back entrance at work, hands packed with trash, to throw in the dumpster. As he runs down the unobscured stairs, he trips and falls down snapping his arm. His boss goes to his aid, and sees that Evan as usual was transporting way too much to be safe and his shoe laces were actually untied. You might probably believe that Evan may not have a claim considering that his carelessness caused the accident. However, you would be incorrect.

Marco businesses and home owners are legally accountable for looking after their properties and must always keep it in a fairly safe condition and caution occupants of any unsafe conditions of which they are conscious or should be aware.

Now let's alter the facts just a bit. Evan instead of being careless is significantly conscientious. He always ties his no slip shoes in double knots, by no means races down the staircases, and never holds more than he should. On the other hand his boss has been fairly neglectful in recent times. The light source on the stairs burned out, and he knows that one of the steps is fractured and is a tripping hazard. Then again he's too tied up to handle that problem at this moment. Consequently, Evan trips on the busted unlit staircase that his manager knew about, however didn't even bother to notify Evan about. If you guess that Evan can easily now file suit his manager or Workplace for negligence due to his boss's reckless behaviors, you would most likely also be off-target. Unmindful Evan has the very same legal rights as a hurt employee as vigilant Evan does. That may seem not fair, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore, let's examine who is entitled to these types of benefits in FL. To start with, you need to be an employee. Independent contractors (or 1099 professionals) are not qualified to workers comp benefits. Also, the business that you work with has to be big enough to be required to possess work comp benefits. If there aren't at the very least four staff members, then the Business isn't obligated to offer work comp insurance except if it is a construction job Also, presently there are several occupations that usually are not covered in Florida under work comp. Instances of jobs that are not covered are the majority of real estate agents, owner-operators of semis, almost all volunteers, and taxi drivers.

So let's state that you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you suffer an injury or have an accident on the job? Just like many legal inquiries, the answer is that it depends. First, the calamity or injury must "arise out of" and be "in the course and scope" of employment. Arising out of work essentially denotes that some element of the work caused the accident. An example of a relatively regular injury instance at the workplace that is not typically a job related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest in the course of work hrs, this specific is not most likely to count as a worker comp injury. It may have occurred at work, but the work did not inflict the heart attack. Even if you have a very demanding job and you're manager has been harassing you non-stop and you have a stroke due in part to the other emotional toll work takes on you, this is not going to be covered. The cardiac arrest, stroke, or other "internal failures " are contemplated to be personal in character and unassociated to your job functions. Subsequently the simple fact that the incident took place at the workplace is not good enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual strain or exertion at the workplace, or (b) you are involved in a line of work where there is a presumption that such an event is work-related - for instance 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' Compensation Benefits. In order to be in the course of employment, you in essence have to be at your job. If you have a motor vehicle accident 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 accidents. There are exceptions. To remain in the range of employment, you need to be engaging in a task related to work in other words at the very least engaged in some kind of reasonable task the Employer could have anticipated. If your job is to perform paperwork in a business office but you injure yourself when you and your friend choose to have a run down the stairway to see who's in the very best shape that injury is certainly not going to be considered work-related. You have foolishly drifted from your job duties to the point that what you're doing at the moment of trauma is no more sufficiently connected to work to get regarded as work-related.

Therefore, let's claim that you've cleared the hurdles of being an employee that's injured in the course and scope of your job by an accident 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 barely a week from work, you're not going to receive lost wages. Additionally if you have a trauma that heals in less than three weeks, you're not qualified to short-term benefits. If you do sustain an injury that manages to keep you out of work for an extended period of time, then you will earn compensation. On the other hand, this compensation is not your full paycheck. Instead you obtain approximately two-thirds of what you were making at the time of the injury. If the health professional says no work at all, then you receive 66.67% of what you were making at the time of the injury. If the medical professional says you can work with limitations AND the Employer is unable to accommodate those limitations, you will obtain 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 receive no reimbursement. So bottom line is that if you are missing your job as a result of a work-related injury, you will lose earnings. The greater 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 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 get? To be entitled to lost wages, you have to miss a certain amount of work and the disability has to last a certain period of time. If you skip barely a week from your job, you're not going to be given lost earnings. In addition if you have a trauma that heals in just three full weeks, you're not entitled to temporary benefits. If you do sustain a personal injury that keeps you out of job for an extended period of time, then you will receive compensation. However, this remuneration is not your entire income. Rather you obtain around 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 injury. If the health care provider suggests you can work with restrictions AND the Company is unable to accommodate those restrictions, you may get 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 obtain no compensation. So bottom line is that if you are missing your job as a result of a work-related accident, you will lose wages. The lengthier your injury, the more earnings you can lose. Unless you settle your case at some time, those lost paychecks are gone for good and will definitely not be recovered.

A further restriction on your ability to earn lost wages is that those benefits are only given for a specific period of time. Once you have attained maximum medical improvement, which is the health professionals way of claiming you're as good as you're going to get, you do not get any more temporary benefits. Even when you have not returned to work or your job is no more available, your temporary benefits end. If you get an impairment rating due to a permanent lesion, you will receive permanent impairment benefits, although 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 calendar months. Only very few injured workers, the most badly injured, have a likelihood of getting long term permanent benefits called permanent total disability.

If it pertains to medical care, your rights or benefits also have significant constraints. If you have injuries that requires emergency care, at that point you can get that care without first getting Workplace or workers' compensation provider authorization. Soon after that early medical care, who you see for medical care is not your choosing. Your Employer or more frequently its work comp insurance service provider will tell you who exactly you can treat with. If you don't prefer the medical professional they select, then you can receive a one time change but that's it. Furthermore, you don't have the ability to select that next health professional either. One more time the workers comp insurance provider picks the health professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health professional out of pocket. Your health plan will not pay for it.

At least one of the few positive aspects of the health care is that you do not pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is responsible for all other expenses of medical care including prescribed medicine and physical therapy. Still as you can probably see now, workers' compensation is not a tremendous program. It's also a complex system.

If you find yourself in the work compensation system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Errors made in the workers' compensation system might be tough if not impossible to unwind. Plus a number of mistakes can mean the end of your case entirely. So if you have a workers' compensation accident, consult with us right away. The consultation is free, and you are under no commitment to hire us. In the case that you do hire us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for our clients!

We Don't Get Paid Until You Get Paid

At Trial Pro, P.A., our traffic collision lawyers operate on a contingency fee basis. This means we cover the costs of researching, constructing, negotiating and litigating your insurance claim. We do not bill you a single thing unless we recover compensation on your behalf. If we do not win your lawsuit, you will pay us absolutely nothing.

Our Marco personal injury attorneys also provide totally free assessments to discuss the particulars of your insurance claim and establish if you have a lawsuit. Schedule a Free Examination

If you or another person you love has been impaired as a result of someone else's negligence or carelessness, you need a skilled attorney on your side who is knowledgeable with the statutes and regulations in The Sunshine State.

Our Marco personal injury lawyers are skilled in tort lawsuits and have been acknowledged by our peers for our achievements. A few of our lawyers have been identified as Super Lawyers and distinguished litigators for their success in behalf of our clients.

We have recovered favorable verdicts and compensations that were instrumental in assisting our clients recover from their personal injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve for your personal injuries.

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