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 Astor. 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, Sebring, Mims, Azalea Park, Clarcona, Lake Suzy and more!
Frequently Asked Questions About Workers Compensation in Astor, 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 Astor Workers' Compensation Attorneys Who Know How to Win Challenging Cases
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Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all sorts of personal injuries; car accidents, motorcycle collisions, wrongful death claims, slip-and-fall accidents, truck accidents, construction injuries and workers compensation accidents. 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 Waterford Lakes, Tavares, Astor, Laurel, Plantation Island, East Dunbar and throughout Florida. Get in touch with our office for a complimentary and confidential discussion of your case.
Worker's Comp in Florida is a legally required system of benefits that are accessible to most people who are hurt 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 triggering an accident, and this does not disqualify people from getting benefits. On the other hand your manager or coworker could be negligent in leading to the injury, and this does not entitle you to even more benefits. is claimed to be simultaneously a shield and a sword as far as providing for benefits. It is a "sword" in that your Workplace can not defend against your claim by saying you were negligent in causing the injury. It is a "shield" that safeguards Companies from having to pay employees many of the damages that are accessible to non-employees who are injured due to the accident.
Need to file a Workers' Comp Claim? Talk with our Expert Astor Workers' Compensation Attorneys Call us As soon as possible - 800-874-2577
This good example exposes the "sword and shield" part of workers' compensation. Let us's mention Evan is a very reckless cook. He hardly focuses on what he's working on. He's going out the back door at the workplace, hands loaded with trash, to throw in the dumpster. As he runs down the resplendent staircases, he trips and falls down cracking his patella. His manager comes to his aid, and notices that Evan as is usual was transporting excessive amounts of garbage to be safe and his shoe laces were simply untied. You might believe that Evan does not have a claim just because his neglect caused the injury. However, you would be mistaken.
Astor, FL businesses and residential or commercial property owners are under legal standing liable for maintaining their premises and must maintain it in a reasonably safe and sound condition and tell occupants of any dangerous conditions of which they are conscious or should be aware.
Now let's alter the facts a little bit. Evan rather than being sloppy is significantly meticulous. He actually ties up his no slip shoes in double knots, certainly never races down the staircases, and never ever transports more than he should. On the other hand his office manager has been fairly slack lately. The light fixture on the stairs blown out, and he recognizes that one of the steps is cracked and is a tripping risk. Nonetheless he's too hectic to address that issue right now. Consequently, Evan trips on the broken dark stairway that his manager knew about, and yet didn't even try to alert Evan about. If you think that Evan can possibly now take legal action against his boss or Workplace for negligence due to his manager's reckless actions, you would most likely also be mistaken. Unmindful Evan has the same rights as a hurt worker as mindful Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers comp.
Therefore let's analyze who is entitled to these benefits in Florida. First of all, you have to be an employee. Independent contractors (or 1099 professionals) are not entitled to workers' compensation benefits. As a rule, the business that you work with must be large enough to be required to possess work comp benefits. In the event that there aren't at least four staff members, then the Employer isn't obligated to hold work comp insurance unless it is a building and construction job Also, presently there are particular roles that aren't protected in The Sunshine State under work comp. Some examples of jobs that aren't covered are many real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi drivers.
Just let's suppose you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident on the job? Just like many legal inquiries, the answer is that it depends. To begin with, the calamity or personal injury must "arise out of" and be "in the course and scope" of employment. Arising out of work generally means that some aspect of the job caused the accident. An example of a reasonably common injury occurrence 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 suffer a cardiac arrest in the course of work hours, this is not going to count as a workers compensation accident. It may have occurred at work, but the work did not lead to the cardiac arrest. Even if you have an extremely arduous career and you're employer has been harassing you non-stop and you feature a stroke due partially 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 contemplated to be personal in character and unconnected to your work responsibilities. For that reason the fact that the misfortune took place at the workplace is not good enough. Exceptions to these exclusions emerge if: (a) you are involved in an unusual strain or effort at work, or (b) you are involved in a line of work where there is a presumption that such activity is work-related - which include a law enforcement officer or fireman.
"In the course and scope of employment" is in addition required for an injury to be covered under Workers Compensation Insurance. To be in the course of employment, you really 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 times those car accidents are not going to be regarded as job related injuries. There are exceptions. To remain in the scope of employment, you must be doing something related to work or at the very least engaged in some sort of reasonable task the Business could have foreseen. If your job is to perform desk work in an office but you injure yourself when you and your colleague decide to have a race down the stairway to see who's in optimum condition that accident is not going to be considered work-related. You have foolishly deviated from your job duties to the point that what you're doing at that time of trauma is no longer sufficiently connected to work to be considered work-related.
So let's say 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 receive? To remain entitled to lost wages, you have to miss a certain amount of work and the disability has to last a specific period of time. If you miss less than a few days from your job, you're not going to get lost wages. In addition if you have an injury that heals in less than three full weeks, you're not qualified to temporary benefits. If you do sustain a trauma that manages to keep you out of your job for a prolonged time, then you will earn compensation. However, this remuneration is not your full salary. Instead you collect roughly two-thirds of what you were earning at the time of the accident. If the medical professional 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 physician claims you can work with limitations AND the Business is unable to accommodate those limitations, you may obtain 64% of your earnings. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you get 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 disability, the more paychecks you can forfeit. Unless you settle your case eventually, those lost wages are gone for good and will certainly not be recovered.
So let's claim that you've cleared the hurdles of being a worker that's hurt in the course and scope of your job by an accident that arose out of work, what do you get? To be entitled to lost wages, you will have to miss out a particular amount of work and the incapacity has to last a particular period of time. If you miss no more than a week from your job, you're not going to get lost wages. Additionally if you have a trauma 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 work for a lengthy period of time, then you will earn compensation. Nonetheless, this compensation is not your whole 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 time you get 66.67% of what you were making at the time of the injury. If the doctor claims you can work with limitations AND the Company is not able to accommodate those restrictions, you will receive 64% of your salary. 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 work because of a work associated accident, you will lose earnings. The greater your injury, 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 limitation on your opportunity to get 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 doctors way of expressing you're good to go, you do 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 receive an impairment rating caused by a permanent injury, you will receive permanent impairment benefits, however those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few weeks or months. Just very handful of injured workers, the most seriously injured, have a likelihood of receiving 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 requires emergency care, at that point you can get that care without first acquiring Employer or workers' compensation provider approval. After that early treatment, who you see for medical care is not your choice. Your Employer or often its work comp insurance carrier will likely notify you exactly who you can treat with. If you don't like the health professional they select, then you may obtain a one-time change but that's it. Also, you don't have the ability to choose that next health professional either. One more time the workers comp insurance carrier picks the physician. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that doctor out of pocket. Your health plan won't cover it.
One of the few positive elements of the medical care is that you don't pay for it period, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is responsible for all other expenses of treatment including prescription drugs and physical therapy. Still as you can probably see now, workers' compensation is not a great program. It's also a complex system.
If you find yourself in the work compensation system, you're better off getting advice and perhaps an attorney sooner rather than later. Errors made in the workers' comp system might be difficult or even impossible to unwind. And some mistakes can mean the end of your case entirely. Therefore if you have a workers' compensation accident, consult us as soon as possible. The consultation is free of charge, and you are under no commitment to retain us. In the case 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!
We Don't Get Paid Until You Get Paid
At Trial Pro, our personal injury lawyers operate on a contingency fee basis. That means our firm cover the expenses of researching, building, negotiating and litigating your lawsuit. We do not charge you a thing unless our legal professionals recover compensation on your behalf. If we don't win your case, you will owe us nothing.
Our Astor injury attorneys also offer cost-free evaluations to discuss the elements of your claim and determine if you have a lawsuit. Set Up a Free Evaluation
If you or another person you love has been hurt because of someone else's negligence or neglectfulness, you need a dependable attorney by your side who is familiar with the policies and laws in FL.
Our Astor personal injury legal professionals are experts in tort lawsuits and have been acknowledged by our peers for our successes. Some of our lawyers have been classified as Super Lawyers and prominent litigators for their victories in behalf of our clients.
We have recovered favorable verdicts and compensations that were instrumental in aiding our clients recover 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 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
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