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 Palmdale. 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, Lake Nona, South Creek, Dr. Phillips, Edgewood, Vero Beach and more!

Frequently Asked Questions About Workers Compensation in Palmdale, 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 Palmdale Workers' Compensation Lawyers Who Know How to Succeed In Tough Lawsuits

Are you trying to find a Workers' Compensation Attorneys near you? If you are injured or hurt, we recognize you may not be able to visit our offices. Let us come to your place!

Trial Pro, P.A. represents Floridians in a range of personal injury law matters. Our practice areas include all sorts of injuries; auto collisions, motorcycle accidents, wrongful death cases, slip-and-fall accidents, semi collisions, construction injuries and work comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to clients in cities such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and across Florida. Get in touch with our firm for a complimentary and confidential discussion of your case.

Worker's Comp in Florida is a legally required system of benefits that are readily available to most people who are injured on the job. 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 could be entirely at fault or neglectful in resulting in an accident, also this does not disqualify you from receiving benefits. However your workplace or colleague can possibly be negligent in triggering the injury, and this does not entitle you to more benefits. is said as being equally a shield and a sword as for providing for benefits. It is a "sword" in that your employer simply cannot defend against your claim by saying you were negligent in causing the accident. It is a "shield" that protects Companies from having to pay laborers a lot of the damages that are accessible to non-employees who are injured or hurt as a result of the unfortunate incident.

Need to file a Workers' Compensation Claim? Talk with our Expert Palmdale, Florida Workers' Compensation Lawyers Call our office as soon as possible for the powerful representation you and your family needs - 800-874-2577

This good example illustrates the "sword and shield" factor of Work Comp. Let's claim Evan is a pretty sloppy baker. He barely cares about what he's working on. He's heading out the back door at the workplace, hands packed with waste, to throw in the dumpster. As he rushes down the well-lit stairways, he trips and falls down damaging his elbow. His supervisor comes to his aid, and witnesses that Evan as is the custom was transporting excessive amounts of waste to be safe and his shoelaces were undone. You might probably think that Evan may not have a claim just because his recklessness resulted in the accident. However you would be incorrect.

Palmdale, FL companies and property owners are legally liable for maintaining their properties and have to maintain it in a within reason risk-free condition and tell occupants of any unsafe conditions of which they are conscious or should be aware.

Now let's change the facts to some extent. Evan as opposed to being sloppy is quite meticulous. He consistently ties his no slip boots in repeated knots, never hurries down the stairs, and by no means brings a lot more than he can. However, his employer has been somewhat slack in recent times. The light bulb on the stairways blown out, and he recognizes that one of the steps is damaged and is a tripping hazard. Nevertheless he's too hectic to handle that issue at this moment. As a result, Evan trips on the defective dark stair that his boss knew of, but failed to even try to inform Evan about. If you think that Evan is able to now file a claim against his manager or Workplace for negligence as a result of his manager's negligent behaviors, you will also be wrong. Negligent Evan possesses the same rights as an injured laborer as meticulous Evan does. That may appear unjustifiable, 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 types of benefits in FL. First of all, you must be an employee. Independent contractors (or 1099 professionals) are not entitled to work comp benefits. As a rule, the organization that you work for must be large enough to be required to bear worker's compensation benefits. If there aren't at minimum four workers, then the Business isn't expected to hold work comp insurance coverage except if it is a construction job Also, presently there are specific jobs that usually are not covered in FL under workers comp. Good examples of occupations that aren't covered are the majority of real estate agents, owner-operators of eighteen-wheelers, the majority of volunteers, and taxi drivers.

So let's assume 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 at the office? Like many legal questions, the answer is that it depends. Primarily, the calamity or injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some aspect of the work caused the accident. An example of a relatively regular injury instance at the workplace that is not usually a work-related injury is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack in the course of work hrs, this is not really going to count as a workers compensation injury. It may have taken place at work, but the work did not cause the cardiac arrest. Even if you have a very arduous job and you're manager has been harassing you relentlessly and you have a stroke due in part to the other psychological toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in character and unassociated to your work responsibilities. For that reason the simple fact that the misfortune took place at the workplace is not good enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in an employment where there is a presumption that such an event is work-related - such as a law enforcement officer or fire fighter.

"In the course and scope of employment" is in addition required for an accident to be covered under workers comp. So as to be in the course of employment, you certainly have to be at your job. If you have a motor vehicle traffic collision either on your way to work or on your way home, a large number of times those personal injuries are not going to be considered work-related accidents. There are exceptions. To be in the scope of employment, you must be performing a task related to work or even at least engaged in some type of reasonable activity the Company could have foreseen. If your employment is to do paperwork in an office space but you injure or hurt yourself when you and your pal choose to have a race down the staircase to see who's in the best condition that accident is definitely not going to be considered work-related. You have unreasonably deviated from your job duties to the point that what you're doing during the time of personal injury is no longer sufficiently connected to work to get 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 get? To be entitled to lost wages, you must miss out a particular amount of work and the incapacity has to last a certain period of time. If you miss out barely a few days from work, you're not going to receive lost wages. Additionally if you have an injury that heals in just three full weeks, you're not entitled to short-term benefits. If you do sustain an injury that places you out of job for a lengthy period of time, then you will obtain compensation. Unfortunately, this compensation is not your full salary. Rather you get approx two-thirds of what you were earning at the time of the injury. If the health professional says no work at all, then you get 66.67% of what you were earning at the time of the accident. If the doctor suggests you can work with limitations AND the Employer is unable to accommodate those restrictions, you may receive 64% of your salary. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no compensation. So bottom line is that if you are missing work due to a work-related accident, you will lose earnings. The lengthier your impairment, the more earnings you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will certainly 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 get? To remain entitled to lost wages, you will have to miss a particular amount of work and the incapacity has to last a certain period of time. If you miss no more than a few days from your job, you're not going to collect lost earnings. Additionally if you have a trauma that heals within three full weeks, you're not qualified to short-term benefits. If you do suffer an injury that places you out of your job for a lengthy period of time, then you will get compensation. Unfortunately, this remuneration is not your full salary. Rather you collect roughly two-thirds of what you were making at the time of the personal injury. If the health care provider says no work at all, at that point you receive 66.67% of what you were making at the time of the accident. If the health care provider suggests you can work with restrictions AND the Company is not able to accommodate those restrictions, you will get 64% of your pay. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you obtain 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 lengthier your injury, the more wages you can forfeit. Unless you settle your case at some point, those lost paychecks are gone for good and will certainly not be recovered.

A further constraint on your ability to get lost wages is that those benefits are only paid for a certain period of time. Once you have reached maximum medical improvement, which is the physicians way of saying you're on the right track now, 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 receive an impairment rating caused by a permanent injury, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few work-weeks or calendar months. Only very handful of injured workers, the most badly injured, have a likelihood of getting long-term permanent benefits called permanent total disability.

If it comes to medical care, your rights or benefits also have considerable limitations. If you have an injury that requires critical care, then you can get that care without first getting Workplace or workers' comp carrier authorization. After that very first treatment, who you see for health treatment is not your choosing. Your Employer or often its work comp insurance carrier will likely tell you exactly who you can treat with. If you don't prefer the physician they pick, then you can obtain a one time change but that's it. Furthermore, you don't get to select that next physician either. Again the workers compensation insurance provider picks the medical professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health care provider out of pocket. Your health insurance won't cover it.

One of the few beneficial aspects of the medical care is that you do not pay for it period, other than a $10 copayment right after you reach maximum medical improvement. The insurance provider is accountable for all other expenses of medical care including prescribed medicine and physical therapy. Still as you have the ability to probably see by now, workers' comp is not a marvelous system. It's also a complex 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 could be troublesome or even impossible to unwind. Moreover a number of errors can mean the end of your case altogether. Therefore, if you have a workers' comp accident, get in touch with us immediately. The advice is free of cost, and you are under no commitment to retain us. In the event 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!

Only Pay When Your Lawyer Wins Your Case

At Trial Pro, P.A., our accident attorneys work on a contingency fee basis. This means we cover the expenses of researching, building, negotiating and litigating your claim. We do not charge you a single thing unless we recover compensation on your behalf. If we do not win your case, you will pay us absolutely nothing.

Our Palmdale personal injury legal professionals also provide absolutely free consultations to discuss the specifics of your claim and establish if you have a case. Set Up a Free Evaluation

If you or someone else you love has been impaired due to someone else's negligence or neglectfulness, you need a reliable lawyer on your side who is familiar with the laws and laws in Florida.

Our Palmdale injury lawyers are skilled in injury litigation and have been acknowledged by our peers for our success. Some of our legal professionals have been identified as Super Lawyers and notable litigators for their success on behalf of our clients.

We have recovered desirable verdicts and settlements that were instrumental in assisting our clients recoup from their 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