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 Melbourne Village. 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, Avalon Park, Saint Petersburg, Pine Hills, Clermont, Felda and more!

Frequently Asked Questions About Workers Compensation in Melbourne Village, 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 Melbourne Village Work Compensation Lawyers Who Know How to Win Challenging Cases

Are you trying to find a Work Compensation Attorneys near you? If you are hurt, we recognize you may not be able to visit our offices. If you're not able to come to our office, our firm can come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury legal matters. Our practice areas include all forms of personal injuries; car collisions, motorcycle collisions, wrongful death claims, slip-and-fall injuries, 18-wheeler accidents, construction accidents and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to people in areas like Vero Beach, Viera, Lotus, West Eau Gallie, Fort Pierce, Wabasso and across Florida. Contact our firm for a complimentary and confidential assessment of your case.

Worker's Comp in FL is a legally required system of benefits that are accessible to most people who are injured or hurt on the job. It is a no-fault system, meaning that for the most part negligence in the cause of an injury is a non-issue. You can be totally to blame or negligent in causing an accident, moreover this does not exclude people from collecting benefits. On the other hand your boss or coworker might be negligent in leading to the unfortunate incident, and this specific does not qualify you to additional benefits. Workers' compensation is said for being both a shield and a sword as for providing for benefits. It is a "sword" because your employer can not defend against your claim by saying you were negligent in causing the accident. It is a "shield" that gives protection to Employers from having to pay workers a lot of the damages that are available to non-employees who are injured cause by the unfortunate incident.

Need to file a Work Compensation Claim? Talk with our Expert Melbourne Village, Florida Work Compensation Attorneys To schedule your free initial evaluation Call us today - 800-874-2577

This example explains the "sword and shield" factor of Worker's Comp. Let's point out Evan is a considerably sloppy cook. He barely keeps an eye on what he's doing. He's heading out the back entrance on the job, hands full of garbage, to throw in the dumpster. As he races down the resplendent backstairs, he trips and falls down injuring his elbow. His employer goes to his aid, and witnesses that Evan as is the custom was carrying way too much to be safe and his shoe laces were actually untied. You may perhaps believe that Evan does not have a claim just because his neglect induced the unfortunate incident. Yet you would be wrong.

Melbourne Village, FL businesses and property owners are by law accountable for looking after their properties and need to maintain it in a reasonably risk-free condition and tell occupants of any unsafe conditions of which they are aware or need to be aware.

Now let's alter the facts just a little. Evan rather than being reckless is remarkably careful. He always ties up his no slip boots in double knots, never ever runs down the staircases, and certainly never carries a lot more than he can. Nevertheless his business manager has been relatively slack in recent times. The lamp on the stairways burned out, and he recognizes that one of the steps is cracked and is a tripping risk. Nevertheless he's too busy to take care of that issue at this moment. As a result, Evan trips on the busted dark stair that his employer knew of, however failed to even bother to inform Evan about. If you expect that Evan can now take legal action against his boss or Employer for negligence due to his manager's careless practices, you would also be mistaken. Careless Evan possesses the same rights as a seriously injured laborer as cautious Evan does. That may appear not fair, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore, let's examine who is qualified to these particular benefits in Florida. To start with, you need to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers comp benefits. Secondly, the business that you work for will need to be large enough to be required to hold worker's compensation benefits. Assuming that there are not at the very least four workers, then the Company isn't required to carry worker's compensation coverage except if it is a building and construction job As well, presently there are various occupations that aren't covered in Florida under work comp. Examples of jobs that are not covered are most real estate agents, owner-operators of semis, most volunteers, and taxi cab drivers.

Therefore, let's claim that you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you sustain an injury or have an accident at work? Just like many legal issues, the answer is that it depends. Primarily, the calamity or personal injury must "arise out of" and be "in the course and scope" of employment. Arising out of work essentially implies that some element of the work triggered the accident. A good example of a reasonably common injury instance at work that is not frequently a job related injury is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack in the middle of work hrs, this is not likely going to count as a worker comp injury. It may have happened at work, but the job did not lead to the cardiac arrest. Whether or not you have an extremely stressful career and you're supervisor 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 heart attack, stroke, or other "internal failures " are considered to be personal in nature and unrelated to your job duties. Therefore the simple fact that the calamity occurred at the workplace is not enough. Exceptions to these exclusions arise if: (a) you are engaged in an unusual stress or exertion at work, or (b) you are involved in an line of work where there is a presumption that such activity is work-related - like a police officer or fireman.

"In the course and scope of employment" is required for an accident to be protected under workers' comp. So as to be in the course of employment, you genuinely have to be at your job. If you have a vehicle wreck either on your way to work or on your way home, the majority of the instances those unfortunate incidents are not going to be considered job related injuries. There are exceptions. To be in the scope of employment, you need to be doing something related to work or even at least engaged in some form of reasonable task the Company could have foreseen. If your employment is to perform paperwork in an office but you 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 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 accident is no longer sufficiently linked to work to be considered work-related.

So let's claim that 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 remain entitled to lost wages, you must miss out a certain amount of work and the injury has to last a specific period of time. If you miss out barely a few days from your job, you're not going to get lost wages. In addition if you have a trauma that heals within three weeks, you're not qualified to short-term benefits. If you do sustain an accident that keeps you out of your job for a lengthy time, then you will receive compensation. Nevertheless, this compensation is not your entire earnings. Instead you collect approximately two-thirds of what you were making at the time of the injury. If the physician says no work at all, then you get 66.67% of what you were making at the time of the injury. If the medical professional states you can work with restrictions AND the Employer is unable to accommodate those limitations, you will get 64% of your pay. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you get no compensation. 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 earnings you can lose. Unless you settle your case at some time, those lost paychecks are gone for good and will not be recovered.

So 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 have to miss out a certain amount of work and the disability has to last a certain period of time. If you skip barely a few days from work, you're not going to collect lost wages. At the same time if you have an injury that heals in just three weeks, you're not entitled to temporary benefits. If you do suffer an personal injury that keeps you out of your job for a lengthy period of time, then you will receive compensation. Unfortunately, this remuneration is not your whole wage. Rather you receive around two-thirds of what you were earning at the time of the personal injury. If the health care provider says no work at all, then you receive 66.67% of what you were earning at the time of the injury. If the doctor suggests you can work with limitations AND the Employer is unable to accommodate those restrictions, you will get 64% of your compensation. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you receive no reimbursement. So bottom line is that if you are missing work as a result of a work-related accident, you will lose wages. The greater your disability, the more paychecks you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will definitely not be recovered.

A further limitation on your ability to get lost wages is that those benefits are only given for a specific period of time. Once you have obtained maximum medical improvement, which is the health professionals way of claiming you're good to go, you don't get anymore temporary benefits. Even if you have not gone back to work or your job is no longer available, your temporary benefits end. If you receive 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. Just very few injured workers, the most badly injured, have a chance of receiving long-term permanent benefits called permanent total disability.

When it comes to medical care, your rights or benefits also have substantial constraints. If you have injuries that calls for critical care, at that point you can get that care without first obtaining Employer or workers' comp service provider authorization. Following that initial medical care, who you see for medical treatment is not your choice. Your Employer or often its workers comp insurance company will tell you who exactly you can treat with. If you don't like the physician they choose, then you can obtain a one-time change but that's it. In addition, you don't get to choose that next doctor either. Once again the workers compensation insurance provider picks the health professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your health insurance won't cover it.

At least one of the few beneficial aspects of the health care is that you do not pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is accountable for all other costs of medical care including prescribed drugs and physical therapy. Still as you can probably see already, workers' compensation is not a marvelous system. It's also a complex system.

If you find yourself in the work compensation system, you're better off getting guidance and perhaps an attorney sooner rather than later. Errors made in the workers' comp system can be very difficult or even impossible to unwind. Plus a couple mistakes can signify the end of your case entirely. So if you have a workers' comp injury, consult with us right away. The consultation is free of cost, and you are under no commitment to hire us. Assuming that you do retain us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for our clients!

No Fees or Expenses Unless You Win

At Trial Pro, P.A., our traffic collision lawyers work on a contingency fee basis. That means our experts cover the costs of researching, constructing, negotiating and litigating your case. We do not bill you a single thing unless we recover compensation on your behalf. If we do not win your claim, you will owe us nothing at all.

Our Melbourne Village injury lawyers also provide totally free evaluations to discuss the particulars of your claim and establish if you have a suit. Arrange a Free Examination

If you or someone else you love has been injured as a result of someone else's negligence or neglectfulness, you need an excellent lawyer on your side who is knowledgeable with the policies and regulations in The Sunshine State.

Our Melbourne Village personal injury legal professionals are well-versed in accident litigation and have been recognized by our peers for our successes. Several of our attorneys have been mentioned as Super Lawyers and prominent litigators for their victories on behalf of our clients.

We have recovered desirable verdicts and compensations that contributed in helping our clients recoup from their 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 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