After experiencing an accident in Naples, 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 Naples law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Naples 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 Ave Maria. 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, Saint Petersburg, Sanford, Hillsborough County, Pine Hills, Sherman Park and more!

Frequently Asked Questions About Workers Compensation in Ave Maria, 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 Ave Maria Workers' Compensation Lawyers Who Know How to Win Challenging Cases

Are you searching for a Workers' Compensation Lawyers near you? If you are injured or hurt, we understand you may not have the ability to pay a visit to 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 law matters. Our practice areas include all types of accidents; automobile accidents, motorcycle accidents, wrongful death claims, slip-and-fall injuries, semi accidents, construction injuries and work comp accidents. 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 Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Get in touch with our firm for a completely 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 employees who are injured or hurt at work. 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 can be totally to blame or negligent in causing an injury, also this does not disqualify people from collecting benefits. In contrast your supervisor or colleague may possibly be negligent in triggering the injury, and this does not entitle you to more benefits. Workers' compensation is said as being both 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 unfortunate incident. It is a "shield" that protects Companies from having to pay employees many of the damages that are available to non-employees who are injured or hurt following the unfortunate incident.

Need to file a Workers' Comp Claim? Talk with our Expert Ave Maria Workers' Compensation Lawyers Contact our office now to take a look at your case - 800-874-2577

This example exposes the "sword and shield" factor of workers' compensation. Let us's point out that Evan is a considerably careless baker. He hardly keeps an eye on what he's doing. He's heading out the back entrance at the workplace, hands loaded with trash, to toss in the dumpster. As he runs down the illuminated stairs, he slips and falls down hurting his ankle. His supervisor goes to his aid, and witnesses that Evan once and again was transporting way too much to be safe and his shoelaces were actually untied. You might assume that Evan may not have a case because his carelessness led to the unfortunate incident. However you'd be incorrect.

Ave Maria businesses and property owners are by law accountable for looking after their premises and have to keep it in a within reason safe and secure condition and alert occupants of any hazardous conditions of which they are conscious or need to be aware.

And now let's alter the facts slightly. Evan as opposed to being careless is remarkably conscientious. He consistently ties up his no slip shoes in double knots, never ever races down the stairways, and under no circumstances brings a lot more than he should. On the other hand his supervisor has been somewhat slack lately. The lamp on the staircases burned out, and he knows that one of the steps is cracked and is a tripping risk. Then again he's too hectic to take care of that problem at the moment. As a result, Evan trips on the damaged unlit staircase that his boss knew about, but failed to even try to warn Evan about. If you believe that Evan is able to now sue his boss or Workplace for negligence due to his manager's careless practices, you would also be mistaken. Unmindful Evan possesses the exact same legal rights as a seriously injured worker as careful Evan does. That may seem unreasonable, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore let's analyze who is entitled to these kinds of benefits in The Sunshine State. To start with, you have to be an employee. Independent contractors (or 1099 professionals) are not entitled to workers comp benefits. Additionally, the company that you work with needs to be big enough to be required to possess work comp benefits. If there are not a minimum of four staff members, then the Business isn't obligated to hold workers' comp insurance unless it is a construction job Also, there are a few occupations that aren't covered in Florida under work comp. Good examples of occupations that aren't covered are almost all real estate agents, owner-operators of semis, most volunteers, and taxi cab 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 sustain injuries or have an accident on the job? Just like many legal questions, the answer is that it depends. To begin with, 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 aspect of the work led to the accident. An example of a relatively common injury instance at work that is not frequently a work-related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack in the course of work hrs, this is not most likely to count as a workers' comp accident. It may have happened at work, but the work did not inflict the heart attack. Whether or not you have an extremely arduous career and you're manager has been harassing you non-stop and you have a stroke due partly to the other psychological toll work takes on you, this is not likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are regarded to be personal in character and irrelevant to your work responsibilities. Therefore the simple fact that the event occurred at work is not sufficient. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in an occupation where there is a presumption that such activity is work-related - for instance a law enforcement officer or fireman.

"In the course and scope of employment" is in addition required for an injury to be protected under Workers' Compensation Benefits. So as to be in the course of employment, you literally have to be at work. If you have a car wreck either on your way to work or on your way home, most instances those personal injuries are not going to be considered job related injuries. There are exceptions. To be in the span of employment, you have to be engaging in a task related to work or even at the very least engaged in some sort of reasonable task the Employer could possibly have anticipated. If your position is to perform desk work in an office space but you hurt yourself when you and your buddy decide to have a run down the stairway to see who's in the very best shape that personal injury is certainly not going to be considered work-related. You have foolishly deviated from your work duties to the point that what you're doing at that time of accident is no longer sufficiently linked to work to get considered work-related.

Thus 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 be entitled to lost wages, you will have to miss out a certain amount of work and the disability has to last a particular period of time. If you miss barely a few days from work, you're not going to receive lost wages. At the same time 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 job for an extended time, then you will earn compensation. On the other hand, this remuneration is not your full earnings. Rather you get around two-thirds of what you were earning at the time of the personal 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 accident. If the health professional suggests you can work with restrictions AND the Company is not able to accommodate those limitations, you will get 64% of your pay. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you obtain no compensation. So bottom line is that if you are missing your job due to a work-related injury, you will lose wages. The greater your disability, the more earnings you can forfeit. Unless you settle your case eventually, those lost wages are gone for good and will definitely not be recovered.

Thus 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 get? To be entitled to lost wages, you have to miss out a certain amount of work and the incapacity has to last a particular period of time. If you miss less than a few days from your job, you're not going to be given lost wages. Also if you have an injury that heals in just three full weeks, you're not qualified to temporary benefits. If you do suffer an injury that keeps you out of your job for a lengthy period of time, then you will get compensation. However, this remuneration is not your whole income. Instead you receive approximately two-thirds of what you were earning at the time of the personal 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 claims you can work with restrictions AND the Employer is unable to accommodate those limitations, you may receive 64% of your income. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing your job as a result of a work-related injury, you will lose wages. The longer your injury, the more earnings you can lose. Unless you settle your case at some point, those lost paychecks are gone for good and will definitely not be recovered.

A further constraint on your chance to receive lost wages is that those benefits are only given for a particular period of time. As soon as you have attained maximum medical improvement, which is the doctors way of suggesting you're as good as you're going to get, you will not get anymore temporary benefits. Even when you have not come back to work or your job is no more available, your temporary benefits end. If you get an impairment rating due to a permanent injury, you will receive permanent impairment benefits, but 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 calendar months. Only very handful of injured employees, the most badly hurt, have a chance of being given long-term permanent benefits called permanent total disability.

If it comes to medical care, your rights or benefits also have considerable limitations. If you have an injury that calls for critical care, then you can get that care without first acquiring Company or workers' compensation insurance company approval. Soon after that initial medical care, who you see for medical care is not your choosing. Your Employer or often its workers compensation insurance company may inform you who exactly you can treat with. If you don't prefer the physician they choose, then you can receive a one-time change but that's it. In addition, you don't get to select that next health care provider either. One more time the work comp insurance provider picks the doctor. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health care provider expense. Your medical insurance won't cover it.

One particular of the few positive aspects of the medical care is that you do not pay for it period, other than a $10 copayment once you reach maximum medical improvement. The insurance company is accountable for all other costs of treatment including prescription medication and physical therapy. Still as you can probably see by now, workers' comp is not a great system. It's also a complicated system.

If you find yourself in the work compensation system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Errors made in the workers' comp system may be troublesome if not impossible to unwind. And even a number of mistakes can mean the end of your case completely. Therefore, if you have a workers' compensation injury, contact us without delay. The advice is completely free, and you are under no obligation to hire us. If you do hire us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for our clients!

No Fee Unless We Win or Settle!

At Trial Pro, P.A., our collision lawyers work on a contingency fee basis. This means we cover the expenses of researching, building, negotiating and litigating your lawsuit. We do not charge you a single thing unless our legal professionals recover compensation on your behalf. If we do not win your lawsuit, you will pay us completely nothing.

Our Ave Marian injury legal professionals also provide completely free consultations to evaluate the particulars of your claim and establish if you have a suit. Set Up a Free Consultation

If you or someone else you love has been injured because of someone else's negligence or carelessness, you need a proven attorney by your side who is knowledgeable with the policies and regulations in FL.

Our Ave Maria personal injury lawyers are well-versed in personal injury litigation and have been recognized by our peers for our achievements. Several of our attorneys have been named as Super Lawyers and distinguished litigators for their success on behalf of our clients.

We have recovered desirable verdicts and settlements that contributed in aiding 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 traumas.

Acquiring Compensation for Your Workplace Injury in Collier 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