After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Orlando 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 Alafaya. 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, Taft, Venice, Longwood, Hillsborough County, Merritt Island and more!
Frequently Asked Questions About Workers Compensation in Alafaya, 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 Alafaya Work Compensation Lawyers Who Know How to Win Tough Cases
Are you searching for a Work Comp Lawyers near you? If you are hurt, we recognize you may not be able to pay a visit to our offices. If you're not able to come to our office, we can come to you!
Trial Pro, P.A. represents Floridians in a range of personal injury judicial matters. Our practice areas include all types of injuries; automobile accidents, motorcycle accidents, wrongful death claims, slip-and-fall accidents, truck collisions, construction injuries and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic advice and counsel to people in cities like Deer Park, Orlando, Wekiva Springs, Palmona Park, Orangetree, Englewood Beach and all over Florida. Contact our firm for a free and confidential discussion of how we can help.
Workers' compensation in FL is a legally required system of benefits that are available to most people who are injured at work. It is a no-fault system, meaning that for the most part negligence in the cause of an accident is a non-issue. You can be totally responsible or negligent in causing an injury, moreover this does not disqualify individuals from receiving benefits. However your boss or coworker may possibly be negligent in triggering the unfortunate incident, and this does not entitle you to more benefits. Work Comp is claimed for being simultaneously a shield and a sword as for providing for benefits. It is a "sword" in that your Boss can't defend against your claim by saying you were negligent in creating the unfortunate incident. It is a "shield" that gives protection to Employers from having to pay workers a lot of the damages that are readily available to non-employees who are injured as a result of the accident.
Need to file a Workers' Compensation Claim? Talk with our Expert Alafaya, Florida Workers' Comp Lawyers Call our office As soon as possible to schedule your free case assessment - 800-874-2577
This example exposes the "sword and shield" angle of Work Comp. Let's point out that Evan is a very careless cook. He barely pays attention to what he's working on. He's heading out the side door on the job, hands loaded with garbage, to put in the dumpster. As he runs down the luminous staircases, he trips and collapses snapping his elbow. His manager comes to his aid, and sees that Evan once and again was carrying excessive amounts of waste to be safe and his shoelaces were undone. You may perhaps believe that Evan may not have a claim considering that his recklessness induced the injury. But you'd be incorrect.
Alafaya companies and residential or commercial property owners are legally responsible for looking after their premises and need to maintain it in a fairly safe condition and inform occupants of any unsafe conditions of which they are conscious or need to be aware.
And now let's alter the facts just a bit. Evan as opposed to being reckless is exceptionally mindful. He actually ties his no slip boots in repeated knots, under no circumstances rushes down the staircases, and certainly never holds a lot more than he should. On the other hand his boss has been somewhat slack lately. The lighting on the stairways burned out, and he knows that one of the steps is damaged and is a tripping risk. Then again he's too busy to handle that problem at this moment. As a result, Evan trips on the faulty dark stair that his employer knew about, but failed to even bother to notify Evan about. If you feel that Evan can possibly now file a claim against his boss or Workplace for negligence as a result of his manager's reckless behaviors, you would likely also be off-target. Unmindful Evan has the exact same legal rights as an injured person as cautious Evan does. That may seem not fair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
So let's examine who is eligible to these benefits in Florida. First of all, you need to be an employee. Independent contractors (or 1099 staff members) are not qualified to workers' compensation benefits. Also, the company that you work with will have to be large enough to be required to possess workers' comp benefits. On the assumption that there aren't at minimum four employees, then the Employer isn't required to carry workers' comp insurance unless it is a building and construction employment Also, presently there are certain roles that aren't covered in FL under workers comp. Good examples of occupations that aren't covered are most real estate agents, owner-operators of rigs, the majority of volunteers, and taxi drivers.
Just let's suppose you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you suffer injuries or have an accident at work? Just like many legal issues, the answer is that it depends. First off, the accident or personal injury has to "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. A good example of a fairly common injury instance at the workplace that is not typically 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 middle of work hours, this specific is not likely going to count as a worker comp accident. It may have occurred at work, but the job did not inflict the cardiac arrest. Whether or not you have a very stressful job 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 heart attack, stroke, or other "internal failures " are contemplated to be personal in character and unconnected to your work responsibilities. Consequently the fact that the misfortune took place at work is not sufficient. Exceptions to these exclusions emerge if: (a) you are engaged in an unusual stress or exertion at the workplace, or (b) you are involved in an occupation where there is a presumption that such an event is work-related - which include a law enforcement officer or fire fighter.
"In the course and scope of employment" is also required for an injury to be protected under Workers' Compensation Benefits. In order to be in the course of employment, you really have to be at your job. If you have a automobile crash either on your way to work or on your way home, a large number of instances those injuries are not going to be considered job related accidents. There are exceptions. To remain in the scope of employment, you must be doing something related to work or even at the very least engaged in some type of reasonable task the Business could have foreseen. If your position is to perform desk work in an office but you injure or hurt yourself when you and your colleague choose to have a run down the stairs to see who's in the best shape that accident 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 trauma 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 or hurt in the course and scope of your job by an accident that arose out of work, what do you obtain? To be entitled to lost wages, you have to miss a particular amount of work and the incapacity has to last a specific period of time. If you miss no more than a few days from your job, you're not going to be given lost earnings. Also if you have an injury that heals within just three full weeks, you're not entitled to temporary benefits. If you do sustain a trauma that keeps you out of job for a prolonged period of time, then you will earn compensation. Unfortunately, this remuneration is not your whole salary. Rather you collect around two-thirds of what you were earning at the time of the injury. If the health care provider says no work at all, then you get 66.67% of what you were earning at the time of the injury. If the medical professional suggests you can work with limitations AND the Company is not able to accommodate those restrictions, you may get 64% of your salary. 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 due to a work-related injury, you will lose earnings. The lengthier your impairment, the more paychecks you can forfeit. Unless you settle your case at some point, those lost earnings are gone for good and will not be recovered.
Therefore, 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 obtain? To be entitled to lost wages, you will have to miss a particular amount of workdays and the injury has to last a particular period of time. If you skip no more than a few days from your job, you're not going to be given lost wages. Additionally if you have a trauma that heals in less than three full weeks, you're not entitled to short-term benefits. If you do sustain an accident that keeps you out of work for an extended period of time, then you will get compensation. However, this remuneration is not your whole wage. Rather you obtain approx two-thirds of what you were earning at the time of the accident. If the medical professional says no work at all, at that point you receive 66.67% of what you were earning at the time of the injury. If the physician suggests you can work with restrictions AND the Business is not able to accommodate those restrictions, you will get 64% of your salary. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive no reimbursement. So bottom line is that if you are missing your job because of a work associated accident, you will lose earnings. The longer 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 not be recovered.
A further constraint on your opportunity to get lost wages is that those benefits are only paid for a specific period of time. Once you have obtained maximum medical improvement, which is the physicians way of suggesting you're on the right track now, you will not get any more temporary benefits. Despite the fact that 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, although those benefits are less than the temporary and they are very short lived. They usually just last a matter of a few work-weeks or calendar months. Only very handful of injured employees, the most seriously hurt, have a chance of being given long term permanent benefits called permanent total disability.
Every time it comes down to medical care, your rights or benefits also have substantial constraints. If you have an injury that requires emergency care, at that point you can get that care without first obtaining Company or workers' comp provider approval. Following that initial medical care, who you see for health treatment is not your choosing. Your Employer or more frequently its work compensation insurance service provider will likely inform you exactly who you can treat with. If you don't like the physician they pick, then you can get a one-time change but that's it. Additionally, you don't get to select that next medical professional either. Once again the workers comp insurance provider picks the doctor. You can get what is called an IME, or "independent medical doctor", but you have to pay for that doctor out of pocket. Your health plan will not cover it.
One particular of the few beneficial elements of the health care is that you don't pay for it period, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is responsible for all other expenses of treatment including prescription medicine and physical therapy. Still as you have the ability to probably see by 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 an attorney sooner rather than later. Mistakes made in the workers' compensation system could be troublesome or even impossible to unwind. And also a number of mistakes can guarantee the end of your case entirely. Therefore, if you have a workers' comp injury, talk to us promptly. The advice is free of charge, and you are under no obligation to hire us. If you do hire us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for our clients!
No Fee Unless We Win or Settle!
At Trial Pro, our traffic collision attorneys work on a contingency fee basis. That means we cover the costs of investigating, building, negotiating and litigating your insurance claim. We do not charge you anything unless our legal professionals recover compensation on your behalf. If we don't win your insurance claim, you will owe us nothing.
Our Alafayan injury lawyers also provide cost-free assessments to evaluate the aspects of your insurance claim and establish if you have a lawsuit. Schedule a Free Examination
If you or somebody else you love has been hurt due to someone else's negligence or carelessness, you need a proven lawyer by your side who is knowledgeable with the policies and laws in Florida.
Our Alafayan injury legal professionals are skilled in accident lawsuits and have been recognized by our peers for our successes. A few of our lawyers have been named as Super Lawyers and prestigious litigators for their achievements on behalf of our clients.
We have recovered desirable verdicts and compensations that were instrumental in aiding our clients to bounce back 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 traumas.
Acquiring Compensation for Your Workplace Injury in Orange 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