Trial Pro P.A. is proud to advocate for workers\' compensation victims all over the state of Florida, including our office in Astatula. 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, Satellite Beach, Cape Coral, Ybor City, Gulfport, Manasota and more!
Frequently Asked Questions About Workers Compensation in Astatula, 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 Astatula Work Comp Lawyers Who Know How to Succeed In Tough Cases
Are you searching for a Work Comp Attorneys near you? If you are injured or hurt, we understand you may not be able to pay a visit to our offices. If you're unable to come to us, our experts can come to you!
Trial Pro, P.A. works with Floridians in a range of personal injury law matters. Our practice areas include all types of accidents; car accidents, motorcycle collisions, wrongful death cases, slip-and-fall accidents, tractor-trailer collisions, construction accidents and workplace injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to people in cities such as Citrus Ridge, Umatilla, Pittman, Sidell, Barefoot Beach, Orangetree and across Florida. Call our law firm for a free of cost and confidential assessment of your case.
Workers' compensation in Astatula, FL is a legally required system of benefits that are accessible to most people who are injured or hurt on the job. It is a no-fault system, meaning that for the most part negligence in the cause of an injury is a non-issue. You can be completely responsible or negligent in leading to an accident, moreover this does not disqualify people from getting benefits. In contrast your boss or coworker could be negligent in leading to the accident, and this does not qualify you to more benefits. Workers' compensation is claimed for being both a shield and a sword as for providing for benefits. It is a "sword" because your Boss simply cannot defend against your claim by saying you were negligent in creating the accident. It is a "shield" that gives protection to Companies from having to pay employees many of the damages that are available to non-employees who are injured cause by the unfortunate incident.
Need to file a Work Comp Claim? Talk with our Expert Astatula, Florida Work Compensation Attorneys Call us Right away to schedule an appointment - 800-874-2577
This example illustrates the "sword and shield" factor of Worker's Comp. Let's mention Evan is a considerably sloppy chef. He hardly focuses on what he's working on. He's heading out the back entrance at the workplace, hands full of waste, to toss in the dumpster. As he runs down the unobscured staircases, he slips and collapses breaking his femur. His boss comes to his aid, and observes that Evan as is the custom was carrying excessive amounts of trash to be safe and his shoelaces were actually untied. You may perhaps assume that Evan does not have a case just because his carelessness led to the injury. But you'd be wrong.
Astatula businesses and residential or commercial property owners are under legal standing accountable for taking care of their properties and must keep it in a reasonably risk-free condition and notify occupants of any harmful conditions of which they are conscious or need to be aware.
Now let's change the facts just a little. Evan as opposed to being reckless is very cautious. He actually ties up his no slip work shoes in repeated knots, not ever runs down the staircases, and never holds more than he should. Nevertheless his employer has been somewhat slack lately. The light source on the stairways blown out, and he recognizes that one of the steps is fractured and is a tripping risk. Nonetheless he's too hectic to deal with that issue at this moment. Consequently, Evan trips on the busted dark stairway that his employer knew about, but failed to even bother to warn Evan about. If you feel that Evan can easily now file suit his boss or Employer for negligence due to his manager's negligent practices, you would most likely also be wrong. Careless Evan has the very same rights as a seriously injured worker as meticulous Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in workers comp.
Therefore let's examine who is entitled to these benefits in Florida. First of all, you must be an employee. Independent contractors (or 1099 workers) are not qualified to workers' compensation benefits. As a rule, the organization that you work with needs to be big enough to be required to bear work comp benefits. In case there aren't at least four employees, then the Employer isn't expected to offer workers' comp insurance coverage unless it is a building and construction job Also, presently there are a few roles that aren't protected in FL under workers comp. Samples of jobs that are not covered are nearly all real estate agents, owner-operators of rigs, almost all volunteers, and taxi cab drivers.
Therefore let's state that you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you sustain injuries or have an accident on the job? Like many legal inquiries, the answer is that it depends. To begin with, the calamity 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 task led to the accident. An example of a reasonably regular injury occurrence at the workplace that is not frequently a job related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest in the middle of work hrs, this particular is not really going to count as a workers' comp injury. It may have happened at work, but the work did not inflict the heart attack. Whether or not you have an extremely stressful career and you're manager has been harassing you relentlessly and you have a stroke due in part 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 regarded to be personal in nature and unassociated to your work functions. Subsequently the fact that the incident occurred on the job is not sufficient. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or effort on the job, or (b) you are involved in an employment where there is a probability that such an event is work-related - for instance, a law enforcement officer or fire fighter.
"In the course and scope of employment" is in addition required for an injury to be protected under workers' comp. In order to be in the course of employment, you definitely have to be at your job. If you have a vehicle crash 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 work-related injuries. There are exceptions. To remain in the range of employment, you have to be working on something related to work in other words at least engaged in some type of reasonable task the Company could have foreseen. If your occupation is to perform paperwork in a business office but you injure yourself when you and your buddy choose to have a run down the stairs to see who's in the best condition that injury is certainly not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at the time of accident is no longer sufficiently linked to work to get regarded as work-related.
Therefore, let's say you've cleared the hurdles of being an employee that's hurt 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 a certain amount of workdays and the injury has to last a certain period of time. If you skip barely a week or so from work, you're not going to receive lost earnings. Also if you have a trauma that heals in just three full weeks, you're not entitled to short-term benefits. If you do sustain an injury that keeps you out of job for a lengthy time, then you will obtain compensation. Nonetheless, this compensation is not your full wage. Instead you obtain approximately two-thirds of what you were making 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 making at the time of the accident. If the health professional suggests you can work with limitations AND the Company is unable to accommodate those limitations, you may receive 64% of your compensation. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain 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 lose. Unless you settle your case eventually, those lost earnings are gone for good and will not be recovered.
Thus let's claim that you've cleared the hurdles of being an employee that's hurt 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 certain amount of work and the injury has to last a particular period of time. If you miss less than a week from your job, you're not going to get lost earnings. Also if you have a trauma that heals within just three full weeks, you're not entitled to temporary benefits. If you do suffer a trauma that places you out of work for a lengthy period of time, then you will get compensation. Having said that, this remuneration is not your entire paycheck. Rather you collect around two-thirds of what you were earning at the time of the accident. If the doctor 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 medical professional claims you can work with restrictions AND the Business is unable to accommodate those limitations, you will get 64% of your wages. But if your employer is able to accommodate those restrictions 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 as a result of a work-related accident, you will lose earnings. The lengthier your disability, the more wages you can lose. Unless you settle your case eventually, those lost wages are gone for good and will definitely not be recovered.
A further constraint on your chance to get lost wages is that those benefits are only given for a particular period of time. As soon as you have achieved maximum medical improvement, which is the health professionals way of suggesting you're as good as you're going to get, you will not get any more temporary benefits. Despite the fact that you have not returned to work or your position 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 workers, the most severely hurt, have a likelihood of obtaining long-term permanent benefits called permanent total disability.
If it comes down to medical care, your rights or benefits also have major limitations. If you have injuries that entails critical care, at that point you can get that care without first obtaining Employer or workers' comp service provider authorization. Following that initial treatment, who you see for health care is not your decision. Your Employer or often its work compensation insurance provider will tell you who you can treat with. If you don't prefer the health care provider they pick, then you might get a one-time change but that's it. Additionally, you don't have the ability to choose that next health professional either. Once again the workers compensation 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 doctor out of pocket. Your medical insurance will not cover it.
One of the few beneficial elements of the medical care is that you don't pay for it at all, other than a $10 copayment once you reach maximum medical improvement. The insurance provider is accountable for all other expenses of treatment including prescribed medication and physical therapy. Still as you have the ability to probably see now, workers' comp is not an excellent program. It's also a complex system.
If you find yourself in the workers compensation system, you're better off obtaining advice and possibly a lawyer sooner rather than later. Mistakes made in the workers' comp system may be challenging if not impossible to unwind. And some errors can guarantee the end of your case altogether. Therefore if you have a workers' comp injury, consult us without delay. The advice is absolutely free, and you are under no obligation to hire us. In case 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 you!
No Fees Unless We Win
At Trial Pro, P.A., our car accident attorneys operate on a contingency fee basis. That means our firm covers the costs of researching, constructing, negotiating and litigating your claim. We do not charge you a single thing unless we recover compensation on your behalf. If we don't win your case, you will pay us nothing at all.
Our Astatulan injury legal professionals also provide no cost evaluations to examine the details of your case and determine if you have a case. Schedule a Free Evaluation
If you or someone else you love has been injured because of someone else's negligence or neglectfulness, you need a dependable attorney on your side who is knowledgeable with the policies and laws in The Sunshine State.
Our Astatula personal injury legal professionals are well-versed in accident litigation and have been recognized by our peers for our success. A few of our lawyers have been listed as Super Lawyers and distinguished litigators for their achievements in behalf of our clients.
We have recovered favorable judgments and settlements that were instrumental in aiding 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 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