After experiencing an accident in Tampa, 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 Tampa law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Tampa 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 a powerhouse law firm specializing in worker's compensation cases in Arcadia, FL, and the surrounding areas. Our experienced attorneys understand the complexities of this area of law and are dedicated to fighting for the rights of injured workers. We have a reputation for being tough and aggressive and are committed to securing the compensation our clients deserve.
If you have been injured on the job in Arcadia, FL, it is necessary to seek the counsel of an experienced worker's compensation attorney immediately. Worker's compensation cases can be complicated and often involve competing interests between the injured worker and their employer or the insurance company. Without a knowledgeable attorney, you could have a lower settlement than you deserve or even have your claim denied altogether.
At Trial Pro, P.A., we have represented clients in worker's compensation cases throughout Arcadia, FL, and the surrounding areas for years. Our attorneys are intimately familiar with the local court systems and deeply understand Florida's laws governing worker's compensation. We use this knowledge to build strong cases and fight for the compensation our clients deserve.
We understand that being injured on the job can be a traumatic experience. In addition to the physical pain, there is often financial stress and emotional turmoil. That is why we offer compassionate, personalized service to every one of our clients. We take the time to listen to their stories, answer their questions, and guide them through the legal process.
If you need a worker's compensation attorney in Arcadia, FL, do not hesitate to contact Trial Pro, P.A. Our aggressive, experienced attorneys will fight for your rights and work diligently to secure the compensation you deserve. We will be by your side every step of the way, providing the support and guidance you must navigate this challenging time in your life.
We serve clients throughout Arcadia, FL, and the surrounding areas, including Charlotte County, DeSoto County, and Hardee County. If you have been injured on the job in any of these areas, contact us today to schedule a free consultation. We will review your case, explain your legal options, and help you decide your next steps. Do not let the insurance company or your employer take advantage of you – get the legal help you must day.
First and foremost, it is important to seek medical attention and report your injury to your employer as soon as possible. From there, you should file a claim with your employer's insurance company, which will then be reviewed by the Florida Department of Financial Services' Division of Workers' Compensation. This division oversees Florida's workers' compensation system, and its purpose is to ensure that injured workers receive the benefits they deserve.
In terms of what injuries are covered under Florida's workers' compensation system, it can vary depending on the specifics of the injury and the type of job you have. However, generally speaking, any injury that occurs while on the job is eligible for benefits. This can include physical injuries, such as broken bones, sprains, and cuts, as well as occupational illnesses, such as mesothelioma and other lung diseases caused by exposure to hazardous materials.
If you are in or near Arcadia, Florida, Trial Pro, P.A. is here to help you navigate the workers' compensation process. Our experienced attorneys have a deep understanding of Florida's workers' compensation laws, and we are committed to helping our clients receive the benefits they deserve. We also serve nearby cities, such as Port Charlotte, Punta Gorda, and North Port.
Don't hesitate to contact us today to learn more about how we can help you obtain the benefits you are entitled to after a work injury. We offer free consultations and work on a contingency fee basis, meaning you do not pay us anything unless we recover compensation on your behalf. Let us fight for you and help you get back on your feet after a work injury.
Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in Arcadia. 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, Dr. Phillips, Citrus Ridge, Longwood, Clearwater, Ferndale and more!
Frequently Asked Questions About Workers Compensation in Arcadia, 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 Arcadia Work Comp Lawyers Who Know How to Succeed In Tough Cases
Are you trying to find a Workers' Comp Law Firm near you? If you are hurt, we understand you may not be able to visit our offices. If you're unable to come to our office, our firm can come to you!
Trial Pro, P.A. represents Floridians in a variety of personal injury judicial matters. Our practice areas include all kinds of personal injuries; car collisions, motorcycle accidents, wrongful death claims, slip-and-fall accidents, 18-wheeler accidents, construction accidents and work comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to people in cities like Fairview Shores, Oakland, Avalon Park, Palm River, Manatee County, Palm and all over Florida. Contact our firm for a free and confidential discussion of your case.
Work Comp in Arcadia is a legally required system of benefits that are readily available to most workers who are hurt on the job. It is a no-fault system, meaning that for the most part negligence in the root cause of an injury is a non-issue. You could be completely responsible or negligent in resulting in an injury, and this does not exclude you from receiving benefits. Conversely your supervisor or coworker could be negligent in causing the accident, and this specific does not qualify you to extra benefits. Workers' compensation is said as being both a shield and a sword as for providing for benefits. It is a "sword" in that your Boss can not defend against your claim by saying you were negligent in causing the injury. It is a "shield" that safeguards Employers from having to pay employees a lot of the damages that are accessible to non-employees who are hurt following the accident.
Need to file a Work Comp Claim? Talk with our Expert Arcadia, FL Workers' Compensation Attorneys Call us Right away - 800-874-2577
This scenario explains the "sword and shield" side of workers' compensation. Let's state that Evan is a remarkably reckless chef. He barely pays attention to what he's doing. He's heading out the side door at the workplace, hands full of garbage, to throw in the dumpster. As he rushes down the well-lighted backstairs, he slips and collapses snapping his pelvis. His manager goes to his aid, and observes that Evan as is usual was carrying way too much to be safe and his shoelaces were simply undone. You might probably believe that Evan does not have a case simply because his negligence triggered the accident. Yet you would be incorrect.
Arcadia companies and home owners are by law accountable for taking care of their facilities and have to maintain it in a within reason risk-free condition and alert occupants of any unsafe conditions of which they are conscious or should be aware.
And now let's change the facts just a little. Evan rather than being careless is remarkably diligent. He consistently ties up his no slip boots in repeated knots, under no circumstances hurries down the stairways, and by no means carries a lot more than he can. However, his business manager has been fairly slack lately. The light bulb on the stairs burned out, and he realizes that one of the steps is fractured and is a tripping hazard. Nonetheless he's too busy to address that problem at this moment. As a result, Evan trips on the damaged unlit staircase that his manager knew about, yet didn't even try to alert Evan about. If you think that Evan can possibly now sue his manager or Employer for negligence as a result of his boss's negligent practices, you would likely also be mistaken. Negligent Evan possesses the exact same legal rights as an injured employee as meticulous Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in work comp.
So let's analyze who is entitled to these benefits in FL. First of all, you have to be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. Also, the company that you work for must be big enough to be required to bear worker's compensation benefits. If there are not at the very least four workers, then the Employer isn't required to hold work comp coverage except if it is a building and construction job As well, presently there are various roles that aren't protected in Florida under workers' compensation. Examples of jobs that are not covered are the majority of real estate agents, owner-operators of trucks, almost all volunteers, and taxi cab drivers.
Therefore, let's state that you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you suffer an injury or have an accident at work? Just like many legal questions, the answer is that it depends. Primarily, the accident or injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially means that some element of the job caused the accident. An example of a fairly regular injury instance at work that is not frequently a job related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack during the course of work hours, this is not really going to count as a worker comp accident. It may have happened at work, but the work did not trigger the heart attack. Even if you have an extremely demanding career and you're boss has been harassing you non-stop and you have a stroke due partially to the other psychological and mental toll work takes on you, this is not likely going to be covered. The heart attack, stroke, or other "internal failures " are considered to be personal in nature and unrelated to your work duties. Therefore the fact that the incident occurred on the job is not good enough. Exceptions to these exemptions arise if: (a) you are engaged in an unusual strain or exertion on the job, or (b) you are involved in an employment where there is a anticipation that such an event is work-related - such as a law enforcement officer or fireman.
"In the course and scope of employment" is required for an injury to be covered under Workers' Compensation Benefits. To be in the course of employment, you in essence have to be at work. If you have a motor vehicle accident either on your way to work or on your way home, the majority of the instances those car accidents are not going to be regarded as job related injuries. There are exceptions. To be in the span of employment, you have to be conducting a task related to work in other words at least engaged in some form of reasonable activity the Company could possibly have foreseen. If your position is to perform paperwork in an office space but you injure yourself when you and your friend decide to have a run down the stairs to see who's in the best shape that injury is not going to be considered work-related. You have unreasonably deviated from your work duties to the point that what you're doing at the time of trauma is no longer sufficiently linked to work to get regarded as work-related.
Thus let's claim that you've cleared the hurdles of being an employee that's injured 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 have to miss out a certain amount of work and the injury has to last a certain period of time. If you skip barely a week from your job, you're not going to receive lost wages. 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 sustain a trauma that keeps you out of job for a lengthy period of time, then you will earn compensation. Nonetheless, this compensation is not your full wage. Rather you obtain approx two-thirds of what you were making at the time of the personal injury. If the health professional says no work at all, then you receive 66.67% of what you were making at the time of the accident. If the doctor states you can work with restrictions AND the Company is unable to accommodate those limitations, you will obtain 64% of your pay. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no reimbursement. So bottom line is that if you are missing work because of a work-related accident, you will lose wages. The greater your disability, the more wages you can forfeit. Unless you settle your case at some time, 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 in the course and scope of your job by an accident that arose out of work, what do you obtain? To remain entitled to lost wages, you must miss out a particular amount of workdays and the incapacity has to last a specific period of time. If you miss out no more than a few days from work, you're not going to get lost earnings. Additionally if you have an injury that heals in less than three weeks, you're not entitled to temporary benefits. If you do suffer an injury that keeps you out of work for a prolonged time, then you will receive compensation. That being said, this compensation is not your entire income. Rather you collect approximately two-thirds of what you were making at the time of the injury. 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 accident. If the health professional states you can work with limitations AND the Employer is unable to accommodate those limitations, you will get 64% of your income. But if your Boss is able to accommodate those restrictions 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 as a result of a work-related injury, you will lose wages. The lengthier your injury, the more wages you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will not be recovered.
A further limitation on your chance to receive lost wages is that those benefits are just given for a certain period of time. Once you have attained maximum medical improvement, which is the doctors way of claiming you're as good as you're going to get, you do not get anymore temporary benefits. Even when you have not returned to work or your job is no more available, your temporary benefits end. If you receive 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 typically just last a matter of a few weeks or months. Just very few injured workers, the most badly injured, have a chance of obtaining long-term permanent benefits called permanent total disability.
Every time it comes to medical care, your rights or benefits also have major limitations. If you have an injury that entails critical care, then you can get that care without first getting Workplace or workers' compensation service provider approval. Following that very first treatment, who you see for medical care is not your choice. Your Employer or more frequently its work comp insurance carrier will tell you who you can treat with. If you don't prefer the health professional they pick, then you can obtain a one-time change but that's it. On top of that, you don't have the ability to select that next health professional either. Once again the workers comp insurance carrier picks the health care provider. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health professional expense. Your medical insurance will not cover it.
One particular of the few positive aspects of the health care is that you do not pay for it at all, other than a $10 copayment once you reach maximum medical improvement. The insurance company is responsible for all other costs of treatment including prescribed drugs and physical therapy. Still as you have the ability to probably see by now, workers' compensation is not an excellent system. It's also a complicated system.
If you find yourself in the workers comp system, you're better off obtaining advice and possibly a lawyer sooner rather than later. Mistakes made in the workers' compensation system might be difficult if not impossible to unwind. And also certain errors can mean the end of your case completely. So if you have a workers' comp accident, speak to us immediately. The advice is free of cost, and you are under no obligation to retain us. In case you do hire us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for our clients!
We Don't Get Paid Until You Get Paid
At Trial Pro, our accident attorneys work on a contingency fee basis. This means our firm cover the expenses of investigating, constructing, negotiating and litigating your lawsuit. We do not bill you a single thing unless we recover compensation on your behalf. If we do not win your insurance claim, you will owe us nothing at all.
Our Arcadia personal injury attorneys also offer no cost evaluations to evaluate the specifics of your claim and determine if you have a suit. Set Up a Free Assessment
If you or someone you love has been injured as a result of someone else's negligence or carelessness, you need an excellent lawyer by your side who is familiar with the statutes and regulations in FL.
Our Arcadia personal injury lawyers are well-versed in tort lawsuits and have been acknowledged by our peers for our achievements. Several of our attorneys have been classified as Super Lawyers and prominent litigators for their achievements on behalf of our clients.
We have recovered favorable verdicts and settlements that were instrumental in assisting our clients to bounce back from their personal injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you are entitled to for your traumas.
Acquiring Compensation for Your Workplace Injury in Hillsborough 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