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 proud to advocate for workers compensation victims all over the state of Florida, including our office in Brandon. 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, Pine Hills, Alafaya, Poinciana, Lake Mary, Buckingham and more!

Frequently Asked Questions About Workers Compensation in Brandon, 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 Brandon Work Compensation Attorneys Who Know How to Succeed In Tough Claims

Are you looking for a Work Comp Lawyers near you? If you are injured or hurt, we recognize you may not be able to visit our offices. Let us go to you!

Trial Pro, P.A. represents Floridians in a range of personal injury legal matters. Our practice areas include all types of injuries; car collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, semi collisions, construction accidents and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to people in cities like Fairview Shores, Oakland, Avalon Park, Gibsonton, Gulfport, Gary and across Florida. Contact our law firm for a completely free and confidential assessment of how we can help.

Work Comp in Florida is a legally required system of benefits that are available to most workers who are injured 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 could be totally to blame or neglectful in resulting in an accident, and this does not disqualify individuals from receiving benefits. Conversely your supervisor or coworker could be negligent in triggering the unfortunate incident, and this particular does not entitle you to even more benefits. is said to be simultaneously a shield and a sword as far as providing for benefits. It is a "sword" in that your employer can not defend against your claim by saying you were negligent in creating the unfortunate incident. It is a "shield" that safeguards Companies from having to pay staff members many of the damages that are available to non-employees who are injured following the accident.

Need to file a Workers' Comp Claim? Talk with our Expert Brandon, FL Workers' Comp Attorneys Call our office Today to schedule an appointment - 800-874-2577

This example depicts the "sword and shield" angle of Work Comp. Let's mention Evan is an extremely reckless baker. He rarely pays attention to what he's working on. He's going out the back entrance at the workplace, hands loaded with waste, to throw in the dumpster. As he runs down the resplendent staircases, he slips and collapses damaging his talus. His boss comes to his aid, and notices that Evan as is usual was carrying way too much to be safe and his shoe laces were simply undone. You might believe that Evan does not have a claim simply because his negligence resulted in the unfortunate incident. But you would be mistaken.

Brandon companies and home owners are lawfully liable for looking after their facilities and have to maintain it in a fairly safe and secure condition and warn occupants of any harmful conditions of that they are aware or should be aware.

Now let's change the facts slightly. Evan instead of being careless is remarkably diligent. He actually ties his no slip boots in repeated knots, never ever hurries down the stairs, and certainly never carries a lot more than he should. Nevertheless his office manager has been fairly neglectful recently. The light bulb on the stairways burned out, and he recognizes that one of the steps is busted and is a tripping risk. However he's too tied up to address that problem right away. As a result, Evan trips on the damaged unlit stairway that his manager knew of, and yet failed to even try to caution Evan about. If you think that Evan can possibly now file a claim against his manager or Workplace for negligence due to his manager's careless actions, you would likely also be wrong. Unmindful Evan possesses the same legal rights as a hurt worker as mindful Evan does. That may seem unjust, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore, let's examine who is eligible to these kinds of benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 professionals) are not qualified to workers' compensation benefits. As a rule, the company that you work with will have to be large enough to be required to bear work comp benefits. In case there aren't a minimum of four staff members, then the Employer isn't required to offer worker's compensation coverage except if it is a building and construction employment Also, presently there are specific jobs that aren't covered in The Sunshine State under workers comp. Good examples of jobs that aren't covered are most real estate agents, owner-operators of trucks, most volunteers, and taxi drivers.

Therefore let's say you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at the office? Like many legal questions, the answer is that it depends. To start with, the accident or trauma must "arise out of" and be "in the course and scope" of employment. Arising out of work in essence implies that some aspect of the job led to the accident. A good example of a fairly usual injury instance at the workplace that is not commonly a work-related accident is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest during the course of work hours, this is not likely going to count as a worker comp accident. It may have taken place at work, but the work did not lead to the heart attack. Even if you have an extremely stressful career and you're manager has been harassing you relentlessly and you feature a stroke due in part 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 nature and unassociated to your job functions. Therefore the fact that the calamity occurred on the job is not sufficient. Exceptions to these exemptions arise if: (a) you are engaged in an unusual strain or effort 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 fire fighter.

"In the course and scope of employment" is in addition required for an injury to be covered under Workers Compensation. To be in the course of employment, you definitely have to be at work. If you have a vehicle crash either on your way to work or on your way home, a large number of times those wrecks are not going to be regarded as work-related injuries. There are exceptions. To be in the scope of employment, you need to be working on something related to work in other words at least engaged in some kind of reasonable task the Business could have anticipated. If your occupation is to perform paperwork in an office space but you injure yourself when you and your buddy decide to have a run down the stairway to see who's in optimum condition that personal injury is not going to be considered work-related. You have foolishly drifted from your job duties to the point that what you're doing at that time of personal injury is no more sufficiently connected to work to get considered work-related.

So let's say you've cleared the hurdles of being a worker that's injured or hurt in the course and scope of your job by an accident that arose out of work, what do you get? To remain entitled to lost wages, you must miss a particular amount of work and the injury has to last a specific period of time. If you miss less than a full week from your job, you're not going to receive lost wages. At the same time if you have an injury that heals in less than three full weeks, you're not entitled to temporary benefits. If you do suffer a trauma that places you out of job for a lengthy period of time, then you will obtain compensation. Having said that, this remuneration is not your entire wage. Instead you get roughly two-thirds of what you were earning at the time of the injury. If the physician 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 doctor suggests you can work with restrictions AND the Company is not able to accommodate those limitations, you may obtain 64% of your salary. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you receive no reimbursement. So bottom line is that if you are missing work as a result of a work-related injury, you will lose wages. The longer your disability, 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.

Thus 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 injury that arose out of work, what do you get? To be entitled to lost wages, you must miss a particular amount of work and the injury has to last a particular period of time. If you skip less than a few days from your job, you're not going to collect lost earnings. Additionally if you have a trauma that heals within just three full weeks, you're not qualified to temporary benefits. If you do sustain an accident that keeps you out of your job for an extended time, then you will earn compensation. Having said that, this remuneration is not your whole paycheck. Instead you receive approx two-thirds of what you were making at the time of the personal injury. If the health care provider says no work at all, at that point you receive 66.67% of what you were earning at the time of the injury. If the health care provider suggests you can work with limitations AND the Employer is not able to accommodate those limitations, you may obtain 64% of your compensation. But if your employer 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 as a result of a work-related accident, you will lose earnings. The greater your impairment, the more earnings you can lose. Unless you settle your case at some time, those lost wages are gone for good and will certainly not be recovered.

A further limitation on your ability to obtain lost wages is that those benefits are just given for a certain period of time. As soon as you have obtained maximum medical improvement, which is the physicians way of claiming you're on the right track now, you don't get any more temporary benefits. Even when 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 work-weeks or calendar months. Just very few injured employees, the most badly hurt, have a chance of being given long-term permanent benefits called permanent total disability.

Every time it comes to medical care, your rights or benefits also have big limitations. If you have an injury that calls for critical care, at that point you can get that care without first acquiring Workplace or workers' compensation provider approval. Just after that very first treatment, who you see for health treatment is not your selection. Your Employer or more often its workers compensation insurance carrier will likely notify you who exactly you can treat with. If you don't like the health professional they pick, then you may receive a one-time change but that's it. In addition, you don't get to select that next health care provider either. Once again the workers compensation insurance provider picks the doctor. You can get what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your medical insurance will not cover it.

At least one of the few beneficial aspects of the health 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 accountable for all other expenses of medical care including prescribed medicine and physical therapy. Still as you can probably see by now, workers' compensation is not a marvelous program. It's also a complicated system.

If you find yourself in the workers comp system, you're better off getting advice and possibly an attorney sooner rather than later. Errors made in the workers' compensation system may be difficult or even impossible to unwind. Plus some errors can signify the end of your case completely. Therefore, if you have a workers' comp injury, speak with us without delay. The advice is totally free, and you are under no obligation to hire us. In the case that 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 you!

No Fee Unless Recovery

At Trial Pro, our accident lawyers operate on a contingency fee basis. This means our experts cover the costs of researching, building, negotiating and litigating your case. We do not bill you a single thing unless our attorneys recover compensation on your behalf. If we don't win your claim, you will owe us completely nothing.

Our Brandon personal injury legal professionals also offer no charge assessments to assess the details of your case and establish if you have a lawsuit. Set Up a Free Evaluation

If you or another person you love has been hurt as a result of someone else's negligence or carelessness, you need a dependable lawyer by your side who is familiar with the statutes and laws in FL.

Our Brandon injury legal professionals are experts in accident lawsuits and have been acknowledged by our peers for our success. Some of our attorneys have been named as Super Lawyers and prominent litigators for their victories on behalf of our clients.

We have recovered desirable judgments and settlements that contributed in enabling 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 personal injuries.

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

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