After experiencing an accident in Orlando, the last thing you desire 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 optimal 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 hands 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 Aloma. 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, Metrowest, Marco Island, Hunters Creek, Rio Pinar, Boca Grande and more!
Frequently Asked Questions About Workers Compensation in Aloma, 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 Aloma Workers' Comp Attorneys Who Know How to Win Challenging Lawsuits
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Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all kinds of accidents; motor vehicle accidents, motorcycle collisions, wrongful death cases, slip-and-fall injuries, 18-wheeler accidents, construction injuries and workers comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to people in areas like Kissimmee, Tangerine, Vineland, Iona Felda, Tice, North Port and all throughout Florida. Get in touch with our firm for a free and confidential assessment of how we can help.
Workers' compensation in Florida is a legally required system of benefits that are available to most workers who are injured or hurt 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 responsible or neglectful in leading to an injury, and this does not disqualify individuals from obtaining benefits. Conversely your supervisor or coworker could be negligent in causing the accident, and this particular does not entitle you to more benefits. Workers' compensation is said as being equally a shield and a sword as far as providing for benefits. It is a "sword" because your employer can't defend against your claim by saying you were negligent in creating the accident. It is a "shield" that guards Companies from having to pay laborers a lot of the damages that are available to non-employees who are hurt following the unfortunate incident.
Need to file a Workers' Compensation Claim? Talk with our Expert Aloma Workers' Comp Lawyers Call our office for a complementary case appointment right now - 800-874-2577
This example exposes the "sword and shield" part of workers' compensation. Let us's mention Evan is a pretty reckless cook. He rarely cares about what he's working on. He's going out the back door at the workplace, hands full of trash, to put in the dumpster. As he races down the luminous stairs, he trips and falls down breaking his pelvis. His employer goes to his aid, and observes that Evan as is usual was carrying excessive amounts of garbage to be safe and his shoelaces were simply untied. You might probably believe that Evan does not have a case because his negligence induced the unfortunate incident. Yet you would be not right.
Aloma companies and residential or commercial property owners are under legal standing accountable for maintaining their properties and have to maintain it in a reasonably safe and secure condition and caution occupants of any harmful conditions of that they are aware or should be aware.
Now let's change the facts just a little. Evan instead of being reckless is significantly vigilant. He consistently ties up his no slip boots in repeated knots, certainly never hurries down the staircases, and under no circumstances transports more than he should. On the other hand his manager has been relatively neglectful in recent times. The light source on the staircases burned out, and he knows that one of the steps is damaged and is a tripping risk. Nonetheless he's too hectic to deal with that issue right away. As a result, Evan trips on the broken down unlit staircase that his manager knew about, but failed to even try to warn Evan about. If you expect that Evan can now file a claim against his manager or Employer for negligence due to his manager's reckless practices, you will also be wrong. Reckless Evan possesses the same legal rights as an injured worker as cautious Evan does. That may seem unjust, 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 types of benefits in The Sunshine State. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers' compensation benefits. Secondly, the business that you work for will need to be large enough to be required to hold workers' comp benefits. On the assumption that there are not at least four employees, then the Company isn't obligated to carry work comp insurance coverage unless it is a building and construction employment As well, there are certain jobs that usually are not covered in The Sunshine State under workers' compensation. Good examples of occupations that aren't covered are the majority of real estate agents, owner-operators of trucks, the majority of volunteers, and taxi drivers.
Therefore, let's assume you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you sustain an injury or have an accident on the job? Just like many legal issues, the answer is that it depends. First off, the calamity or personal injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work generally implies that some aspect of the task led to the accident. An example of a reasonably regular injury instance at work that is not frequently a work-related accident 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 most likely to count as a workers' comp accident. It may have happened at work, but the work did not cause the cardiac arrest. Whether or not you have an extremely demanding job and you're manager has been harassing you non-stop and you feature a stroke due somewhat to the other psychological and mental toll work takes on you, this is not likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are considered to be personal in nature and unrelated to your job responsibilities. Because of this the fact that the misfortune occurred at the workplace is not sufficiently. Exceptions to these exemptions arise if: (a) you are involved in an unusual strain or effort at the workplace, or (b) you are involved in a line of work where there is a presumption that such an event is work-related - such as a police officer or fireman.
"In the course and scope of employment" is also required for an injury to be covered under workers comp. So as to be in the course of employment, you definitely have to be at your job. If you have a automobile collision either on your way to work or on your way home, a large number of times those car accidents are not going to be considered work-related injuries. There are exceptions. To be in the range of employment, you have to be doing a task related to work or at the very least engaged in some form of reasonable activity the Business could have anticipated. If your occupation is to perform desk work in an office space but you hurt yourself when you and your friend choose to have a race down the stairs to see who's in optimum shape that personal injury is not going to be considered work-related. You have foolishly deviated from your work duties to the point that what you're doing during the time of trauma is no more sufficiently connected to work to be considered work-related.
Therefore, 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 injury that arose out of work, what do you receive? To be entitled to lost wages, you will have to miss a particular amount of workdays and the disability has to last a specific period of time. If you miss barely a few days from work, you're not going to collect lost earnings. Additionally if you have an injury that heals in less than three full weeks, you're not qualified to short-term benefits. If you do suffer an injury that places you out of work for a prolonged time, then you will receive compensation. Nonetheless, this remuneration is not your whole salary. Rather you receive as much as two-thirds of what you were earning at the time of the injury. If the medical professional says no work at all, then you get 66.67% of what you were earning at the time of the injury. If the health care provider suggests you can work with restrictions AND the Business is not able to accommodate those restrictions, you may get 64% of your earnings. 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 your job as a result of a work associated injury, you will lose earnings. The longer your impairment, the more paychecks you can lose. Unless you settle your case eventually, 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 injury that arose out of work, what do you obtain? To be entitled to lost wages, you will have to miss a certain amount of work and the incapacity has to last a specific period of time. If you miss barely a week from your job, you're not going to be given lost earnings. Also if you have an injury that heals within three full weeks, you're not qualified to short-term benefits. If you do sustain a trauma that keeps you out of work for an extended period of time, then you will get compensation. That being said, this compensation is not your entire income. Rather you receive around two-thirds of what you were making at the time of the personal injury. If the doctor says no work at all, at that time you receive 66.67% of what you were earning at the time of the accident. If the health professional claims you can work with limitations AND the Employer is not able to accommodate those limitations, 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 get no reimbursement. So bottom line is that if you are missing work because of a work-related injury, you will lose earnings. The longer your disability, the more wages you can forfeit. Unless you settle your case eventually, those lost wages are gone for good and will certainly not be recovered.
A further limitation on your opportunity to obtain lost wages is that those benefits are just paid for a specific period of time. Once you have achieved maximum medical improvement, which is the physicians way of expressing you're on the right track now, you do not get any more temporary benefits. Even when you have not returned 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, although those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few weeks or calendar months. Just very few injured workers, the most badly hurt, have a chance of getting long-term permanent benefits called permanent total disability.
If it comes down to medical care, your rights or benefits also have considerable limitations. If you have injuries that calls for urgent care, at that point you can get that care without first obtaining Workplace or workers' comp provider authorization. After that very first treatment, who you see for health care is not your selection. Your Employer or more often its work compensation insurance company are going to inform you who you can treat with. If you don't prefer the health care provider they select, then you can get a one time change but that's it. In addition, you don't get to pick that next physician either. One more time the workers 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 health care provider out of pocket. Your medical insurance will not cover it.
One of the few beneficial elements of the health care is that you don't 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 medical care including prescription medicine and physical therapy. Still as you have the ability to probably see now, workers' comp is not an outstanding program. It's also a complex system.
If you find yourself in the work comp system, you're better off getting advice and perhaps an attorney sooner rather than later. Errors made in the workers' compensation system can be hard or even impossible to unwind. And some mistakes can mean the end of your case completely. Therefore, if you have a workers' comp injury, speak with us as soon as possible. The consultation is free of charge, and you are under no commitment to hire us. In the event that 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!
No Fees or Expenses Unless You Win
At Trial Pro, P.A., our accident lawyers operate on a contingency fee basis. That means our experts cover the expenses of investigating, constructing, negotiating and litigating your case. We do not bill you a thing unless we recover compensation on your behalf. If we do not win your insurance claim, you will owe us completely nothing.
Our Aloman injury attorneys also provide cost-free assessments to examine the specifics of your insurance claim and determine if you have a lawsuit. Set Up a Free Assessment
If you or someone else you love has been injured due to someone else's negligence or neglectfulness, you need a prestigious lawyer by your side who is familiar with the statutes and laws in The Sunshine State.
Our Aloman injury legal professionals are well-versed in injury litigation and have been acknowledged by our peers for our victories. A few of our lawyers have been listed as Super Lawyers and notable litigators for their accomplishments on behalf of our clients.
We have recovered favorable verdicts and settlements that were instrumental in enabling our clients recover 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 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
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