Trial Pro P.A. is proud to advocate for workers\' compensation victims all over the state of Florida, including our office in Brevard County. 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, Tampa Bay, Ybor City, Campbell, Edgewood, Oakland and more!
Frequently Asked Questions About Workers Compensation in Brevard County, 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 Brevard County Workers' Compensation Attorneys Who Know How to Win Tough Suits
Are you looking for a Work Comp Lawyers near you? If you are injured, we understand you may not be able to visit our offices. Let us go to your place!
Trial Pro, P.A. works with Floridians in a range of personal injury legal matters. Our practice areas include all sorts of injuries; motor vehicle accidents, motorcycle collisions, wrongful death cases, slip-and-fall accidents, semi-truck accidents, construction injuries and workers compensation injuries. With offices in Palm Bay, Orlando, Tampa, Naples, Brevard County, Melbourne Florida and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to clients in cities such as Indian Harbour Beach, Roseland, Satellite Beach, Barefoot Bay, Sebastian, Cocoa Beach and all throughout Florida. Call our office for a free of cost and confidential discussion of how we can help.
Workers' compensation in Florida is a legally required system of benefits that are accessible to most workers who are injured 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 could be entirely at fault or negligent in triggering an accident, and this does not exclude individuals from receiving benefits. Conversely your employer or colleague can be negligent in leading to the accident, and this does not entitle you to even more benefits. is claimed to be equally a shield and a sword as for providing for benefits. It is a "sword" because your employer can't defend against your claim by saying you were negligent in triggering the accident. It is a "shield" that protects Employers from having to pay staff members many of the damages that are available to non-employees who are injured or hurt after the accident.
Need to file a Workers' Compensation Claim? Talk with our Expert Brevard County Work Compensation Attorneys Contact Trial Pro, P.A. Today for a FREE no obligation assessment - 800-874-2577
This scenario exposes the "sword and shield" part of Work Comp. Let's say Evan is a considerably reckless baker. He rarely focuses on what he's doing. He's heading out the back entrance at the workplace, hands full of waste, to put in the dumpster. As he runs down the unobscured stairs, he trips and falls down cracking his midfoot. His manager comes to his aid, and sees that Evan as usual was transporting way too much to be safe and his shoe laces were simply undone. You may perhaps believe that Evan doesn't have a claim considering his recklessness resulted in the accident. However, you would be mistaken.
Brevard County, FL companies and property owners are legally liable for looking after their properties and need to keep it in a within reason safe and secure condition and inform occupants of any unsafe conditions of that they are conscious or need to be aware.
Now let's change the facts just a little. Evan rather than being sloppy is exceptionally vigilant. He consistently ties up his no slip work shoes in double knots, never runs down the staircases, and certainly never transports more than he can. But his supervisor has been relatively neglectful in recent times. The lamp on the staircases burned out, and he recognizes that one of the steps is busted and is a tripping risk. Nevertheless he's too hectic to take care of that problem at this moment. As a result, Evan trips on the broken down unlit staircase that his employer knew about, and yet failed to even bother to alert Evan about. If you feel that Evan is able to now litigate his manager or Workplace for negligence as a result of his boss's negligent actions, you will also be off-target. Reckless Evan has the exact 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 workers' compensation.
So let's examine who is entitled to these benefits in Florida. First of all, you need to be an employee. Independent contractors (or 1099 professionals) are not qualified to workers comp benefits. Additionally, the company that you work with will need to be large enough to be required to hold work comp benefits. In case there aren't at minimum four staff members, then the Company isn't required to offer work comp insurance coverage unless it is a construction employment Also, there are a few roles that usually are not covered in The Sunshine State under workers' compensation. Good examples of jobs that aren't covered are the majority of 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 system, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident at the workplace? Like many legal issues, the answer is that it depends. To begin with, the calamity or injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work generally means that some element of the task led to the accident. A good example of a reasonably usual injury occurrence at work that is not typically a job related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during work hours, this particular is not likely going to count as a worker comp accident. It may have happened at work, but the job did not cause the heart attack. Even if you have a very arduous job and you're boss has been harassing you non-stop and you have a stroke due in part 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 contemplated to be personal in nature and unassociated to your work responsibilities. For that reason the fact that the event manifested at work is not sufficient. Exceptions to these exclusions arise if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in an line of work 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 required for an injury to be covered under Workers' Compensation Benefits. In order to be in the course of employment, you genuinely have to be at work. If you have a auto crash either on your way to work or on your way home, a large number of instances those collisions are not going to be considered job related accidents. There are exceptions. To be in the range of employment, you have to be conducting something related to work or even at the very least engaged in some form of reasonable activity the Business could possibly have foreseen. If your occupation is to perform paperwork in an office space but you injure yourself when you and your pal decide to have a run down the stairway to see who's in optimum shape that personal injury is not going to be considered work-related. You have unreasonably deviated from your job duties to the point that what you're doing at that time of personal injury is no longer sufficiently connected to work to get regarded as work-related.
Therefore, 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 injury that arose out of work, what do you obtain? To be entitled to lost wages, you will have to miss a certain amount of workdays and the disability has to last a specific period of time. If you skip less than a full week from your job, you're not going to get lost earnings. Also if you have a trauma that heals within just three weeks, you're not qualified to short-term benefits. If you do suffer a personal injury that manages to keep you out of your job for a lengthy period of time, then you will earn compensation. Nevertheless, this compensation is not your entire salary. Instead you receive as much as two-thirds of what you were earning at the time of the personal injury. If the health care provider says no work at all, at that time you receive 66.67% of what you were making at the time of the injury. If the medical professional suggests you can work with restrictions AND the Employer is unable to accommodate those restrictions, you will get 64% of your paycheck. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you get no compensation. So bottom line is that if you are missing work as a result of a work-related injury, you will lose earnings. The greater your injury, the more paychecks you can forfeit. Unless you settle your case eventually, those lost earnings 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 injured or 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 work and the incapacity has to last a particular period of time. If you miss less than a full week from your job, you're not going to receive lost earnings. At the same time if you have a trauma that heals within just three weeks, you're not qualified to temporary benefits. If you do sustain an injury that places you out of job for a prolonged time, then you will get compensation. Nevertheless, this compensation is not your whole paycheck. Instead you get as much as two-thirds of what you were earning at the time of the injury. If the physician says no work at all, at that point you get 66.67% of what you were earning at the time of the injury. If the medical professional suggests you can work with restrictions AND the Employer is not able to accommodate those restrictions, you may obtain 64% of your income. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you receive no reimbursement. So bottom line is that if you are missing work due to a work associated accident, you will lose wages. The lengthier your impairment, the more wages you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will definitely not be recovered.
A further restriction on your opportunity to obtain lost wages is that those benefits are only given for a certain period of time. Once you have acquired maximum medical improvement, which is the physicians way of pointing out you're as good as you're going to get, you will not get anymore temporary benefits. Even when you have not gone back to work or your job is no longer available, your temporary benefits end. If you get 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 normally just last a matter of a few weeks or months. Only very few injured workers, the most seriously hurt, have a likelihood of acquiring long term permanent benefits called permanent total disability.
Every time it pertains to medical care, your rights or benefits also have substantial limitations. If you have an injury that entails critical care, at that point you can get that care without first obtaining Employer or workers' compensation provider approval. Following that initial medical care, who you see for medical treatment is not your choice. Your Employer or more frequently its work comp insurance provider may notify you who you can treat with. If you don't prefer the medical professional they pick, then you might get a one time change but that's it. Furthermore, you don't have the ability to choose that next medical professional either. Once again the workers comp insurance provider picks the doctor. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health professional out of pocket. Your health insurance won't pay for it.
At least one of the few beneficial aspects of the health 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 responsible for all other expenses of medical care including prescription drugs and physical therapy. Still as you have the ability to probably see already, workers' compensation is not an excellent system. It's also a complicated system.
If you find yourself in the work comp system, you're better off obtaining advice and possibly legal representation sooner rather than later. Errors made in the workers' compensation system may be troublesome or even impossible to unwind. And even some errors can guarantee the end of your case completely. So if you have a workers' comp injury, consult us immediately. The consultation is totally free, and you are under no obligation to retain us. On the assumption that you do retain us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for you!
No Fees or Expenses Unless You Win
At Trial Pro, our personal injury attorneys operate on a contingency fee basis. That means we cover the costs of investigating, building, negotiating and litigating your claim. We do not charge you a thing unless we recover compensation on your behalf. If we do not win your case, you will pay us nothing at all.
Our Brevard County injury attorneys also provide completely free assessments to assess the elements of your case and establish if you have a suit. Set Up a Free Examination
If you or someone you love has been impaired because of someone else's negligence or neglectfulness, you need a reliable lawyer by your side who is knowledgeable with the policies and regulations in FL.
Our Brevard County personal injury attorneys are experts in tort litigation and have been acknowledged by our peers for our victories. Some of our lawyers have been listed as Super Lawyers and distinguished litigators for their success on behalf of our clients.
We have recovered desirable verdicts and settlements that were instrumental in aiding our clients recoup from their personal injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve 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
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