Palm Bay West Workers Compensation Attorney

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 Palm Bay West. 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, Clarcona, Brandon, Poinciana, Tampa Bay, Altoona and more!

Frequently Asked Questions About Workers Compensation in Palm Bay West, 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 Palm Bay West Workers' Compensation Lawyers Who Know How to Win Tough Claims

Are you looking for a Work Compensation Lawyers near you? If you are injured, we understand you may not have the ability to visit our offices. If you're not able to come to our office, our experts can come to you!

Trial Pro, P.A. works with Floridians in a variety of personal injury law matters. Our practice areas include all sorts of accidents; motor vehicle accidents, motorcycle collisions, wrongful death claims, slip-and-fall injuries, truck collisions, construction injuries and work comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to clients in cities like June Park, Sharpes, Melbourne Beach, Melbourne Beach, South Patrick Shores, Pineda and all over Florida. Call our office for an absolutely free and confidential discussion of how we can help.

Workers' compensation in Florida is a legally required system of benefits that are readily available to most workers who are injured at work. It is a no-fault system, meaning that for the most part negligence in the cause of an injury is a non-issue. You could be completely at fault or negligent in causing an injury, also this does not disqualify you from obtaining benefits. On the other hand your manager or coworker could be negligent in triggering the injury, and this particular does not entitle you to extra benefits. Workers' compensation is said to be both a shield and a sword as far as providing for benefits. It is a "sword" because 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 Companies from having to pay staff members many of the damages that are readily available to non-employees who are hurt due to the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Palm Bay West, FL Work Comp Attorneys Call for your free consultation right now - 800-874-2577

This situation clarifies the "sword and shield" aspect of Work Comp. Let us's claim that Evan is a remarkably sloppy chef. He hardly pays attention to what he's working on. He's going out the side door at work, hands full of trash, to toss in the dumpster. As he rushes down the unobscured backstairs, he trips and falls down breaking his forearm. His supervisor goes to his aid, and observes that Evan as is the custom was transporting way too much to be safe and his shoe laces were simply untied. You might assume that Evan may not have a case simply because his negligence caused the injury. However you would be mistaken.

Palm Bay West, Florida businesses and property owners are legally liable for looking after their premises and must keep it in a within reason risk-free condition and warn occupants of any dangerous conditions of which they are aware or need to be aware.

And now let's alter the facts just a little. Evan instead of being careless is exceptionally conscientious. He actually ties up his no slip shoes in repeated knots, by no means rushes down the stairs, and never brings a lot more than he should. Nevertheless his business manager has been fairly neglectful in recent times. The illumination on the stairways blown out, and he knows that one of the steps is cracked and is a tripping risk. However he's too hectic to handle that problem at the moment. As a result, Evan trips on the broken unlit stairway that his boss knew about, however didn't even try to caution Evan about. If you presume that Evan can now file a claim against his manager or Workplace for negligence due to his manager's careless behaviors, you would likely also be off-target. Unmindful Evan has the same legal rights as a seriously injured laborer as careful Evan does. That may seem not fair, but that is a consequence of fault of negligence being a non-issue in work comp.

So let's examine who is entitled to these types of benefits in Florida. First of all, you must be an employee. Independent contractors (or 1099 workers) are not qualified to workers' compensation benefits. Subsequently, the organization that you work with needs to be big enough to be required to bear work comp benefits. Assuming that there are not at the very least four workers, then the Company isn't expected to offer worker's compensation insurance coverage except if it is a construction employment As well, presently there are certain roles that usually are not covered in Florida under work comp. Good examples of occupations that are not covered are nearly all real estate agents, owner-operators of rigs, almost all volunteers, and taxi drivers.

Just let's assume you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you sustain injuries or have an accident at the office? Like many legal inquiries, the answer is that it depends. Before all else, the calamity or trauma must "arise out of" and be "in the course and scope" of employment. Arising out of work essentially means that some element of the work triggered the accident. An example of a relatively frequent 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 suffer a cardiac arrest in the course of work hrs, this particular is not really going to count as a workers compensation accident. It may have happened at work, but the work did not trigger the heart attack. Even if you have an extremely stressful career and you're employer has been harassing you relentlessly and you feature a stroke due somewhat 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 nature and unassociated to your work responsibilities. Therefore the simple fact that the incident developed at work is not sufficient. Exceptions to these exemptions emerge if: (a) you are involved in an unusual stress or effort at the workplace, or (b) you are involved in an occupation where there is a presumption that such activity is work-related - like a police officer or fire fighter.

"In the course and scope of employment" is also required for an injury to be covered under Workers Compensation Insurance. So as to be in the course of employment, you really have to be at work. If you have a car or truck traffic collision either on your way to work or on your way home, the majority of the times those unfortunate incidents are not going to be regarded as work-related accidents. There are exceptions. To be in the span of employment, you must be engaging in a task related to work or at least engaged in some kind of reasonable activity the Business could have anticipated. If your job is to do desk work in a business office but you hurt yourself when you and your friend decide to have a run down the staircase to see who's in optimum shape that personal 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 during the time of accident is no more sufficiently connected to work to be regarded as work-related.

So let's claim that you've cleared the hurdles of being a worker that's hurt 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 will have to miss out a certain amount of work and the disability has to last a specific period of time. If you skip no more than a week or so from your job, you're not going to get lost earnings. Additionally 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 accident that manages to keep you out of your job for a lengthy period of time, then you will earn compensation. Having said that, this remuneration is not your entire income. Rather you get approximately two-thirds of what you were making at the time of the personal injury. If the physician says no work at all, then you receive 66.67% of what you were earning at the time of the injury. If the health professional suggests you can work with restrictions AND the Business is not able to accommodate those restrictions, you may get 64% of your wages. 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 associated accident, you will lose wages. The longer your injury, the more wages you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will certainly not be recovered.

So let's say you've cleared the hurdles of being an employee 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 out a particular amount of workdays and the injury has to last a specific period of time. If you miss out no more than a full week from work, you're not going to get lost earnings. At the same time if you have an injury that heals in less than three weeks, you're not entitled to short-term benefits. If you do suffer a trauma that manages to keep you out of your job for a prolonged time, then you will receive compensation. Nonetheless, this remuneration is not your full income. Instead you receive approx two-thirds of what you were making at the time of the injury. If the health care provider says no work at all, then you receive 66.67% of what you were making at the time of the injury. If the physician states you can work with limitations AND the Company is unable to accommodate those limitations, you may receive 64% of your salary. But if your employer 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 work because of a work associated accident, you will lose wages. The lengthier your disability, the more paychecks you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will not be recovered.

A further limitation on your opportunity to get lost wages is that those benefits are only paid for a specific period of time. As soon as you have acquired maximum medical improvement, which is the doctors way of expressing you're good to go, you will not get anymore temporary benefits. Even when you have not returned to work or your job is no longer available, your temporary benefits end. If you get an impairment rating as a result of a permanent injury, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few weeks or calendar months. Just very few injured employees, the most seriously injured, have a chance of obtaining long-term permanent benefits called permanent total disability.

Every time it pertains to medical care, your rights or benefits also have considerable constraints. If you have an injury that calls for urgent care, then you can get that care without first getting Workplace or workers' comp insurance company approval. Following that initial medical care, who you see for health treatment is not your choice. Your Employer or often its workers compensation insurance provider may tell you exactly who you can treat with. If you don't prefer the health care provider they select, then you might receive a one-time change but that's it. Furthermore, you don't get to choose that next medical professional either. Again the work compensation insurance carrier picks the medical professional. You can get 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 cover it.

At least one of the few beneficial aspects of the medical care is that you do not pay for it period, other than a $10 copayment once you reach maximum medical improvement. The insurance provider is responsible for all other costs of medical care including prescribed medication and physical therapy. Still as you have the ability to 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 getting guidance and perhaps legal representation sooner rather than later. Mistakes made in the workers' compensation system could be tough if not impossible to unwind. And also a few mistakes can signify the end of your case completely. So if you have a workers' compensation accident, consult us as soon as possible. The advice is free of cost, and you are under no commitment to hire us. In case you do retain us, you won't be out of pocket for any expenses or costs. Our firm only gets paid when we get benefits for our clients!

Only Pay When Your Lawyer Wins Your Case

At Trial Pro, our collision lawyers work on a contingency fee basis. That means we cover the costs of investigating, building, negotiating and litigating your lawsuit. We do not bill you a thing unless our legal professionals recover compensation on your behalf. If we do not win your case, you will owe us completely nothing.

Our Palm Bay West personal injury lawyers also offer free consultations to assess the elements of your case and establish if you have a suit. Set Up a Free Evaluation

If you or someone else you love has been injured as a result of someone else's negligence or carelessness, you need a dependable lawyer on your side who is familiar with the statutes and regulations in Florida.

Our Palm Bay West personal injury lawyers are skilled in injury litigation and have been recognized by our peers for our accomplishments. Several of our attorneys have been classified as Super Lawyers and prestigious litigators for their victories in behalf of our clients.

We have recovered desirable judgments and settlements that contributed in assisting 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 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