After experiencing an accident in Melbourne, 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 Melbourne law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Melbourne 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 Barefoot Bay. 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, Holden Heights, Sebastian, Goldenrod, Citrus Ridge, Deer Park and more!

Frequently Asked Questions About Workers Compensation in Barefoot Bay, 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 Barefoot Bay Work Comp Lawyers Who Know How to Win Challenging Claims

Are you searching for a Work Compensation Law Firm near you? If you are injured or hurt, we understand you may not be capable to drop by our offices. Let us come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury judicial matters. Our practice areas include all kinds of accidents; car collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, large trucks collisions, construction injuries and workers 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 such as Merritt Island, Malabar, Port Saint John, Aurora, Port Saint John, June Park and all over Florida. Contact our office for a complimentary and confidential discussion of how we can help.

Worker's Comp in Florida is a legally required system of benefits that are available 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 could be totally responsible or negligent in triggering an accident, and this does not disqualify people from receiving benefits. Conversely your employer or coworker may possibly be negligent in causing the injury, and this does not qualify you to more benefits. Workers' compensation is claimed to be both a shield and a sword as for providing for benefits. It is a "sword" in that your Boss can't defend against your claim by saying you were negligent in creating the unfortunate incident. It is a "shield" that safeguards Employers from having to pay laborers many of the damages that are accessible to non-employees who are injured due to the accident.

Need to file a Workers' Compensation Claim? Talk with our Expert Barefoot Bay, FL Work Compensation Attorneys Contact our office right now for the powerful representation you and your family needs - 800-874-2577

This instance exposes the "sword and shield" angle of Work Comp. Let's claim that Evan is a considerably sloppy cook. He barely keeps an eye on what he's doing. He's heading out the side door at the workplace, hands packed with garbage, to toss in the dumpster. As he runs down the resplendent stairways, he trips and collapses damaging his midfoot. His boss comes to his aid, and sees that Evan as is the custom was transporting way too much to be safe and his shoe laces were simply undone. You may perhaps expect that Evan may not have a case simply because his negligence resulted in the unfortunate incident. Yet you would be incorrect.

Barefoot Bay businesses and residential or commercial property owners are by law liable for taking care of their facilities and have to always keep it in a within reason safe and sound condition and inform occupants of any harmful conditions of which they are aware or should be aware.

And now let's change the facts just a bit. Evan as opposed to being sloppy is extremely careful. He actually ties his no slip boots in repeated knots, by no means rushes down the stairways, and never carries a lot more than he should. Nevertheless his business manager has been somewhat neglectful recently. The light fixture on the staircases blown out, and he recognizes that one of the steps is broken and is a tripping hazard. However he's too hectic to address that problem now. Consequently, Evan trips on the worn out dark staircase that his boss knew about, however didn't even bother to alert Evan about. If you assume that Evan can now litigate his manager or Employer for negligence due to his boss's reckless practices, you would most likely also be off-target. Careless Evan possesses the very same legal rights as an injured person as mindful Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore, let's examine who is eligible to these types of benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 professionals) are not entitled to workers' compensation benefits. Additionally, the company that you work with needs to be large enough to be required to possess work comp benefits. In the event that there aren't at the very least four staff members, then the Employer isn't required to carry work comp insurance unless it is a construction employment As well, presently there are several occupations that usually are not protected in Florida under work comp. Good examples of occupations that aren't covered are many real estate agents, owner-operators of rigs, most volunteers, and taxi cab drivers.

Therefore, let's say you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you suffer injuries or have an accident at the workplace? Like many legal issues, the answer is that it depends. First off, the accident or trauma must "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some element of the job caused the accident. An example of a fairly common injury instance 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 experience a heart attack in the middle of work hrs, this is not really going to count as a workers compensation injury. It may have happened at work, but the work did not inflict the cardiac arrest. Even if you have a very stressful job and you're supervisor 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 nature and unrelated to your work functions. For that reason the fact that the incident developed on the job is not good enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in an employment where there is a presumption that such an event is work-related - such as a police officer or fire fighter.

"In the course and scope of employment" is in addition required for an accident to be protected under workers' comp. In order to be in the course of employment, you in essence have to be at your job. If you have a automobile collision either on your way to work or on your way home, the majority of instances those collisions are not going to be regarded as work-related accidents. There are exceptions. To be in the span of employment, you have to be engaging in something related to work or at least engaged in some form of reasonable task the Company could possibly have anticipated. If your employment is to perform desk work in an office but you hurt yourself when you and your buddy choose to have a race down the stairs to see who's in the best condition that personal injury is certainly 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 moment of accident is no longer sufficiently connected 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 injury that arose out of work, what do you receive? To be entitled to lost wages, you must miss a certain amount of workdays and the incapacity has to last a specific period of time. If you miss out less than a week or so from your job, you're not going to get lost wages. Also if you have a trauma that heals within just three weeks, you're not qualified to temporary benefits. If you do suffer a trauma that manages to keep you out of job for an extended time, then you will get compensation. Nevertheless, this remuneration is not your whole paycheck. Instead you collect about two-thirds of what you were earning at the time of the injury. If the doctor says no work at all, at that point you get 66.67% of what you were making at the time of the injury. If the doctor suggests you can work with restrictions AND the Business is not able to accommodate those restrictions, you may 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 receive no compensation. So bottom line is that if you are missing work due to a work-related accident, you will lose wages. The greater your disability, the more paychecks you can forfeit. Unless you settle your case at some point, those lost wages are gone for good and will not be recovered.

Therefore, let's say you've cleared the hurdles of being a worker that's injured in the course and scope of your job by an injury 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 certain period of time. If you miss less than a full week from work, you're not going to get lost earnings. In addition if you have a trauma that heals within three weeks, you're not entitled to temporary benefits. If you do sustain a trauma that keeps you out of your job for an extended period of time, then you will obtain compensation. Nevertheless, this compensation is not your entire income. Rather you receive as much as 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 receive 66.67% of what you were earning at the time of the accident. If the doctor suggests you can work with restrictions AND the Employer is not able to accommodate those limitations, you will 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 compensation. So bottom line is that if you are missing your job as a result of a work associated accident, you will lose wages. The longer your disability, the more wages you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will not be recovered.

A further limitation on your ability to get lost wages is that those benefits are only paid for a specific period of time. Once you have obtained maximum medical improvement, which is the physicians way of suggesting 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 get 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 in most cases just last a matter of a few weeks or calendar months. Just very handful of injured workers, the most badly hurt, have a chance of receiving long-term permanent benefits called permanent total disability.

When it comes to medical care, your rights or benefits also have big limitations. If you have injuries that requires critical care, at that point you can get that care without first getting Company or workers' compensation service provider authorization. Shortly after that early treatment, who you see for medical treatment is not your selection. Your Employer or more often its work compensation insurance service provider are going to inform you who you can treat with. If you don't like the health care provider they pick, then you might receive a one time change but that's it. Also, you don't get to choose that next medical professional either. Again the workers compensation insurance provider picks the medical professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your health insurance will not cover it.

At least one of the few positive elements of the medical care is that you do not pay for it at all, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance provider is responsible for all other expenses of medical care including prescription drugs and physical therapy. Still as you can probably see already, workers' comp is not an outstanding system. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off getting advice and possibly an attorney sooner rather than later. Mistakes made in the workers' comp system could be troublesome if not impossible to unwind. And a few errors can guarantee the end of your case altogether. So if you have a workers' comp injury, get in touch with us immediately. The consultation is free of charge, and you are under no obligation to hire us. Assuming that you do hire us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for our clients!

No Fees Unless We Win

At Trial Pro, our traffic collision lawyers work on a contingency fee basis. That means our firm covers the costs of researching, constructing, negotiating and litigating your lawsuit. We do not charge you a single thing unless our attorneys recover compensation on your behalf. If we do not win your case, you will owe us nothing at all.

Our Barefoot Bay injury lawyers also offer no cost consultations to discuss the elements of your claim and determine if you have a suit. Set Up a Free Consultation

If you or another person you love has been injured due to someone else's negligence or neglectfulness, you need a reliable lawyer on your side who is familiar with the statutes and laws in The Sunshine State.

Our Barefoot Bay personal injury legal professionals are well-versed in personal injury litigation and have been recognized by our peers for our achievements. A few of our legal professionals have been listed as Super Lawyers and notable litigators for their achievements in behalf of our clients.

We have recovered desirable verdicts and compensations that were instrumental in helping our clients to bounce back 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 injuries.

Acquiring Compensation for Your Workplace Injury in Brevard 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