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 Matlacha. 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, Lehigh Acres, Union Park, Cocoa Beach, South Creek, Three Oaks and more!

Frequently Asked Questions About Workers Compensation in Matlacha, 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 Matlacha Workers' Compensation Attorneys Who Know How to Win Challenging Proceedings

Are you looking for a Workers' Comp Law Firm near you? If you are injured or hurt, we understand you may not be able to drop by our offices. Let us come to your place!

Trial Pro, P.A. represents Floridians in a variety of personal injury law matters. Our practice areas include all types of injuries; auto accidents motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, eighteen-wheeler collisions, construction accidents and workers' compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to clients in areas like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and throughout Florida. Contact our office for a completely free and confidential assessment of your case.

Worker's Comp in Florida is a legally required system of benefits that are available 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 can be entirely to blame or negligent in causing an accident, moreover this does not exclude you from obtaining benefits. On the other hand your workplace or colleague can be negligent in leading to the injury, and this specific does not qualify you to additional benefits. is said as being equally a shield and a sword as far as providing for benefits. It is a "sword" in that your Boss can't defend against your claim by saying you were negligent in triggering the unfortunate incident. It is a "shield" that offers protection to Workplaces from having to pay workers a lot of the damages that are accessible to non-employees who are injured or hurt cause by the unfortunate incident.

Need to File a Workers' Compensation Claim? Talk with our Expert Matlacha, Florida Work Compensation Lawyers Contact our office now to examine your case - 800-874-2577

This good example explains the "sword and shield" factor of Worker's Comp. Let us's suppose Evan is a remarkably sloppy chef. He hardly pays attention to what he's working on. He's heading out the back entrance on the job, hands loaded with waste, to throw in the dumpster. As he rushes down the resplendent backstairs, he slips and collapses breaking his knee-cap. His manager goes to his aid, and witnesses that Evan as is the custom was carrying excessive amounts of garbage to be safe and his shoe laces were undone. You might think that Evan doesn't have a case due to the fact that his recklessness led to the injury. However you would be mistaken.

Matlacha, FL businesses and property owners are by law responsible for taking care of their properties and must keep it in a fairly safe condition and warn occupants of any hazardous conditions of that they are conscious or need to be aware.

Now let's change the facts just a little. Evan as opposed to being careless is exceptionally diligent. He actually ties up his no slip boots in double knots, under no circumstances runs down the stairs, and under no circumstances carries more than he should. On the other hand his business manager has been relatively neglectful recently. The light fixture on the stairs blown out, and he realizes that one of the steps is fractured and is a tripping hazard. However he's too hectic to take care of that problem at this moment. Consequently, Evan trips on the defective dark stair that his boss knew of, but failed to even bother to tell Evan about. If you think that Evan can easily now litigate his manager or Workplace for negligence due to his boss's careless actions, you would likely also be off-target. Unmindful Evan possesses the same rights as an injured person as careful Evan does. That may seem unjust, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

So let's analyze who is eligible to these kinds of benefits in The Sunshine State. To start with, you must be an employee. Independent contractors (or 1099 professionals) are not qualified to workers' compensation benefits. Also, the organization that you work with will need to be big enough to be required to carry work comp benefits. In case there aren't a minimum of four workers, then the Business isn't obligated to hold worker's compensation insurance coverage except if it is a construction job Also, there are a few roles that usually are not protected in FL under workers 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 claim you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at the office? Like many legal issues, the answer is that it depends. First off, the accident or trauma needs to "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some aspect of the job led to the accident. A good example of a reasonably usual injury occurrence at work that is not typically a work-related accident is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during work hrs, this specific is not really going to count as a worker comp injury. It may have taken place at work, but the work did not cause the heart attack. Even if you have an extremely arduous career and you're manager has been harassing you non-stop and you have a stroke due partially to the other emotional toll work takes on you, this is not likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in character and not related to your job duties. Therefore the simple fact that the calamity manifested at the workplace is not sufficiently. Exceptions to these exemptions arise if: (a) you are involved in an unusual strain or effort at work, or (b) you are involved in a line of work where there is a probability that such an event is work-related - for instance, a law enforcement officer or fire fighter.

"In the course and scope of employment" is in addition required for an injury to be covered under Workers Compensation Insurance. In order to be in the course of employment, you really have to be at work. If you have a car crash either on your way to work or on your way home, a lot of times those incidents are not going to be regarded as job related accidents. There are exceptions. To be in the span of employment, you have to be doing a task related to work or at the very least engaged in some type of reasonable task the Business could have anticipated. If your job is to perform desk work in a business office but you injure or hurt yourself when you and your buddy choose to have a race down the staircase to see who's in the best shape that personal injury 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 at the moment of personal injury is no longer sufficiently connected to work to be considered 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 remain entitled to lost wages, you have to miss out a particular amount of work and the incapacity has to last a specific period of time. If you skip no more than a few days from work, you're not going to be given lost earnings. At the same time if you have a trauma that heals within three full weeks, you're not qualified to temporary benefits. If you do sustain an accident that keeps you out of work for a prolonged time, then you will receive compensation. That being said, this compensation is not your full paycheck. Rather 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, at that point you get 66.67% of what you were earning at the time of the injury. If the medical professional states you can work with restrictions AND the Company is unable to accommodate those restrictions, you will get 64% of your wages. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you receive no compensation. So bottom line is that if you are missing work as a result of a work associated accident, you will lose earnings. The longer your disability, the more earnings you can lose. Unless you settle your case at some point, those lost paychecks are gone for good and will definitely not be recovered.

Thus 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 injury that arose out of work, what do you receive? To remain entitled to lost wages, you must miss a particular amount of work and the injury has to last a particular period of time. If you miss barely a few days from work, you're not going to receive lost earnings. Also if you have an injury that heals in less than three full weeks, you're not entitled to short-term benefits. If you do suffer an accident that keeps you out of your job for a lengthy time, then you will get compensation. However, this remuneration is not your entire paycheck. Rather you collect approximately two-thirds of what you were making at the time of the accident. 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 injury. If the medical professional claims you can work with restrictions AND the Company is not able to accommodate those restrictions, you may receive 64% of your pay. 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 due to a work associated accident, you will lose wages. The longer your disability, the more wages you can lose. Unless you settle your case eventually, those lost wages are gone for good and will certainly not be recovered.

A further restriction on your chance to receive lost wages is that those benefits are just paid for a specific period of time. Once you have obtained maximum medical improvement, which is the doctors way of expressing 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 job is no longer available, your temporary benefits end. If you get 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 commonly just last a matter of a few weeks or calendar months. Only very handful of injured workers, the most seriously hurt, have a chance of receiving long-term permanent benefits called permanent total disability.

When it relates to medical care, your rights or benefits also have great limitations. If you have injuries that entails emergency care, then you can get that care without first getting Employer or workers' comp provider approval. Following that very first treatment, who you see for medical care is not your selection. Your Employer or more frequently its workers compensation insurance company are going to tell you exactly who you can treat with. If you don't like the doctor they choose, then you might get a one time change but that's it. On top of that, you don't get to choose that next medical professional either. Once again the workers comp insurance provider picks the health care provider. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor out of pocket. Your medical insurance will not pay for it.

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

If you find yourself in the work compensation system, you're better off getting advice and possibly legal representation sooner rather than later. Mistakes made in the workers' compensation system might be troublesome or even impossible to unwind. And also a few mistakes can guarantee the end of your case entirely. So if you have a workers' comp injury, speak with us immediately. The consultation is free, and you are under no commitment to retain us. In the case that you do retain us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for our clients!

Our "No Fee Unless We Win" Policy

At Trial Pro, our accident lawyers operate on a contingency fee basis. This means our experts cover the costs of reviewing, constructing, negotiating and litigating your claim. We do not bill you a single thing unless our lawyers recover compensation on your behalf. If we don't win your case, you will owe us completely nothing.

Our Matlachan injury lawyers also offer completely free assessments to evaluate the elements of your claim and establish if you have a suit. Schedule a Free Evaluation

If you or someone else you love has been hurt due to someone else's negligence or neglectfulness, you need a highly regarded attorney on your side who is knowledgeable with the laws and laws in The Sunshine State.

Our Matlacha personal injury lawyers are experts in tort litigation and have been acknowledged by our peers for our achievements. Several of our lawyers have been identified as Super Lawyers and notable litigators for their accomplishments in behalf of our clients.

We have recovered desirable verdicts and compensations that were instrumental 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 are entitled to 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