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 Venus. 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, Paradise Heights, Oldsmar, Ocoee, Arcadia, Champions Gate and more!

Frequently Asked Questions About Workers Compensation in Venus, 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 Venus Workers' Compensation Lawyers Who Know How to Win Challenging Claims

Are you looking for a Work Compensation Attorneys near you? If you are injured, we recognize you may not be able to pay a visit to our offices. If you're not able to come to us, our firm can come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury judicial matters. Our practice areas include all forms of personal injuries; car collisions, motorcycle collisions, wrongful death cases, slip-and-fall injuries, semi-truck collisions, construction injuries and workplace injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to clients in areas such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Get in touch with our firm for a completely free and confidential discussion of how we can help.

Worker's Comp in Florida is a legally required system of benefits that are accessible to most workers who are injured 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 could be entirely responsible or neglectful in causing an injury, moreover this does not exclude people from receiving benefits. However your supervisor or colleague can possibly be negligent in leading to the accident, and this does not entitle you to extra benefits. Work Comp is said to be both a shield and a sword as far as providing for benefits. It is a "sword" because your Workplace can't defend against your claim by saying you were negligent in creating the accident. It is a "shield" that provides protection to Workplaces from having to pay staff members a lot of the damages that are available to non-employees who are injured due to the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Venus, Florida Work Comp Lawyers Contact us Today for a FREE no obligation appointment - 800-874-2577

This scenario illustrates the "sword and shield" part of workers' compensation. Let's say Evan is a pretty careless cook. He rarely cares about what he's doing. He's going out the back entrance at work, hands loaded with waste, to toss in the dumpster. As he rushes down the unobscured stairways, he slips and falls down injuring his elbow. His employer comes to his aid, and observes that Evan as usual was transporting way too much to be safe and his shoe laces were simply undone. You might actually assume that Evan may not have a claim simply because his neglect caused the accident. Yet you'd be not right.

Venus, FL businesses and home owners are lawfully accountable for taking care of their premises and have to maintain it in a fairly safe condition and alert occupants of any unsafe conditions of which they are conscious or need to be aware.

Now let's change the facts to some extent. Evan rather than being careless is extremely vigilant. He consistently ties his no slip boots in repeated knots, never ever races down the stairs, and never ever transports a lot more than he should. However his business manager has been relatively slack lately. The lighting on the staircases burned out, and he recognizes that one of the steps is busted and is a tripping hazard. Nonetheless he's too tied up to take care of that problem at this moment. As a result, Evan trips on the worn out unlit stair that his manager knew of, however didn't even bother to inform Evan about. If you guess that Evan is able to now litigate his boss or Employer for negligence due to his boss's careless behaviors, you would most likely also be mistaken. Negligent Evan has the very same legal rights as an injured laborer as mindful Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore, let's examine who is entitled to these particular benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 workers) are not qualified to workers comp benefits. As a rule, the company that you work with must be large enough to be required to carry work comp benefits. If there are not at the very least four workers, then the Employer isn't required to carry work comp insurance except if it is a construction employment As well, there are a number of jobs that usually are not protected in The Sunshine State under work comp. Cases of jobs that aren't covered are almost all real estate agents, owner-operators of rigs, almost all volunteers, and taxi cab drivers.

So 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 a personal injury or have an accident on the job? Like many legal issues, the answer is that it depends. First off, the calamity or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work generally means that some element of the task caused the accident. A good example of a relatively usual injury occurrence at the workplace that is not typically a work-related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack during work hours, this specific is not going to count as a workers' comp injury. It may have taken place at work, but the work did not inflict the cardiac arrest. Whether or not you have an extremely stressful career and you're employer has been harassing you relentlessly and you feature 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 regarded to be personal in character and not related to your work functions. Consequently 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 strain or exertion at the workplace, or (b) you are involved in an employment where there is a anticipation 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 injury to be covered under workers comp. In order to be in the course of employment, you genuinely have to be at work. If you have a automobile crash either on your way to work or on your way home, the majority of the times those accidents are not going to be regarded as job related injuries. There are exceptions. To remain in the range of employment, you have to be performing something related to work in other words at the very least engaged in some form of reasonable activity the Employer could have foreseen. If your job is to do paperwork in a business office but you hurt yourself when you and your colleague choose to have a race down the staircase to see who's in the best shape that injury is not going to be considered work-related. You have unreasonably deviated from your job duties to the point that what you're doing at that time of trauma is no more sufficiently connected to work to get considered work-related.

Thus let's say 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 get? To remain entitled to lost wages, you must miss a certain amount of work and the injury has to last a particular period of time. If you miss barely a week from your job, you're not going to collect lost earnings. Additionally if you have an injury that heals within three weeks, you're not qualified to temporary benefits. If you do suffer a personal injury that places you out of your job for a prolonged time, then you will get compensation. That being said, this remuneration is not your full income. Instead you collect as much as two-thirds of what you were earning at the time of the accident. If the physician says no work at all, at that time you get 66.67% of what you were making at the time of the accident. If the medical professional suggests you can work with restrictions AND the Company is not able to accommodate those limitations, you will obtain 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 obtain no reimbursement. So bottom line is that if you are missing work due to a work-related accident, you will lose earnings. The longer your impairment, the more paychecks you can forfeit. Unless you settle your case eventually, those lost wages are gone for good and will definitely not be recovered.

Thus let's claim that you've cleared the hurdles of being an employee that's injured or hurt 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 out a particular amount of workdays and the incapacity has to last a particular period of time. If you miss out no more than a week or so from your job, you're not going to collect lost wages. Additionally if you have a trauma that heals within three weeks, you're not qualified to temporary benefits. If you do suffer a trauma that keeps you out of work for a lengthy time, then you will get compensation. That being said, this compensation is not your full wage. Rather you obtain roughly two-thirds of what you were earning at the time of the accident. If the health care provider says no work at all, at that point you get 66.67% of what you were making at the time of the accident. If the medical professional states you can work with restrictions AND the Business is unable to accommodate those limitations, you may get 64% of your salary. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing your job because of a work-related injury, you will lose earnings. The longer your impairment, the more paychecks you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will certainly not be recovered.

A further constraint on your chance to earn lost wages is that those benefits are just given for a specific period of time. Once you have achieved maximum medical improvement, which is the physicians way of pointing out you're on the right track now, you don't get any more temporary benefits. Despite the fact that you have not gone back to work or your position is no longer available, your temporary benefits end. If you get an impairment rating caused by a permanent lesion, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few weeks or months. Only very few injured employees, the most seriously injured, have a likelihood of obtaining 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, at that point you can get that care without first obtaining Employer or workers' compensation provider authorization. Soon after that initial treatment, who you see for health treatment is not your decision. Your Employer or often its workers comp insurance service provider will notify you who exactly you can treat with. If you don't prefer the physician they pick, then you may receive a one time change but that's it. Also, you don't have the ability to select that next physician either. One more time the work compensation insurance carrier picks the doctor. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health care provider expense. Your health insurance won't pay for it.

One particular 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 provider is responsible for all other expenses of treatment including prescribed drugs and physical therapy. Still as you have the ability to probably see now, workers' compensation is not an amazing program. It's also a complicated system.

If you find yourself in the workers comp system, you're better off getting advice and perhaps a lawyer sooner rather than later. Errors made in the workers' comp system could be tough or even impossible to unwind. And a few errors can signify the end of your case altogether. So if you have a workers' compensation injury, speak with us promptly. The advice is totally free, and you are under no commitment to retain us. In the event that you do hire us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for our clients!

No Fees Unless We Win

At Trial Pro, our accident lawyers operate on a contingency fee basis. That means we cover the expenses of investigating, constructing, negotiating and litigating your claim. We do not bill you anything unless our attorneys recover compensation on your behalf. If we don't win your lawsuit, you will owe us nothing.

Our Venus injury lawyers also provide complimentary consultations to assess the aspects of your claim and establish if you have a case. Arrange a Free Evaluation

If you or someone else you love has been impaired due to someone else's negligence or neglectfulness, you need an excellent lawyer on your side who is knowledgeable with the laws and laws in The Sunshine State.

Our Venus injury lawyers are well-versed in accident litigation and have been acknowledged by our peers for our victories. 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 favorable verdicts and compensations that contributed in helping our clients to bounce back from their injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve for your traumas.

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