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 Cape Canaveral. 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, Mims, Meadow Woods, Gandy, Buenaventura Lakes, Aurora and more!
Frequently Asked Questions About Workers Compensation in Cape Canaveral, 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 Cape Canaveral Workers' Compensation Attorneys Who Know How to Succeed In Tough Proceedings
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Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all types of personal injuries; car collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, tractor-trailer accidents, construction injuries and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to clients in areas like West Eau Gallie, South Patrick, Cocoa, Viera West, Brevard County, Malabar and throughout Florida. Get in touch with our law firm for a complimentary and confidential assessment of your case.
Worker's Comp in Cape Canaveral is a legally required system of benefits that are readily available to most people who are injured or hurt on the job. It is a no-fault system, meaning that for the most part negligence in the root cause of an accident is a non-issue. You can be totally responsible or negligent in resulting in an injury, moreover this does not exclude people from collecting benefits. However your supervisor or coworker could be negligent in causing the accident, and this particular does not entitle you to even more benefits. Workers' compensation is claimed for being equally a shield and a sword as for providing for benefits. It is a "sword" in that your Workplace can not defend against your claim by saying you were negligent in triggering the accident. It is a "shield" that shields Employers from having to pay employees a lot of the damages that are readily available to non-employees who are injured cause by the accident.
Need to file a Work Compensation Claim? Talk with our Expert Cape Canaveral Work Comp Lawyers Call us without delay for the powerful representation you and your family needs - 800-874-2577
This example exposes the "sword and shield" angle of Worker's Comp. Let us's suppose Evan is a remarkably reckless chef. He hardly focuses on what he's doing. He's heading out the back door at work, hands packed with garbage, to put in the dumpster. As he races down the luminous stairways, he slips and falls down cracking his forearm. His employer comes to his aid, and sees that Evan as usual was carrying way too much to be safe and his shoe laces were actually undone. You might assume that Evan does not have a case because his recklessness triggered the unfortunate incident. However you'd be not right.
Cape Canaveral businesses and property owners are lawfully liable for looking after their premises and have to keep it in a within reason free from danger condition and advise occupants of any harmful conditions of which they are aware or need to be aware.
And now let's change the facts a little bit. Evan rather than being reckless is quite conscientious. He consistently ties up his no slip work shoes in repeated knots, by no means runs down the staircases, and by no means holds more than he can. But his manager has been somewhat slack in recent times. The light source on the stairs blown out, and he recognizes that one of the steps is cracked and is a tripping hazard. Then again he's too tied up to deal with that issue now. Consequently, Evan trips on the busted unlit stair that his boss knew of, but failed to even try to inform Evan about. If you feel that Evan can possibly now file suit his manager or Employer for negligence as a result of his boss's careless practices, you would also be wrong. Unmindful Evan has the exact same legal rights as an injured employee as meticulous Evan does. That may appear not fair, but that is a consequence of fault of negligence being a non-issue in workers comp.
So let's examine who is qualified to these kinds of benefits in The Sunshine State. First of all, you have to be an employee. Independent contractors (or 1099 workers) are not qualified to workers' compensation benefits. As a rule, the business that you work for needs to be big enough to be required to hold worker's compensation benefits. On the assumption that there are not at minimum four employees, then the Employer isn't obligated to offer workers' comp insurance except if it is a construction employment Also, presently there are specific occupations that usually are not covered in The Sunshine State under work comp. Instances of occupations that aren't covered are nearly all real estate agents, owner-operators of trucks, almost all volunteers, and taxi cab drivers.
Therefore let's claim 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 on the job? Just like many legal inquiries, the answer is that it depends. To begin with, the calamity or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence implies that some element of the task triggered the accident. A good example of a relatively regular injury instance at the workplace that is not typically a work-related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack during work hrs, this is not going to count as a worker comp injury. It may have occurred at work, but the job did not cause the cardiac arrest. Whether or not you have a very demanding job and you're boss has been harassing you non-stop and you have a stroke due somewhat to the other emotional toll work takes on you, this is not going to be covered. The heart attack, stroke, or other "internal failures " are considered to be personal in character and unassociated to your work responsibilities. Consequently the simple fact that the incident took place on the job is not sufficiently. 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 occupation where there is a anticipation that such an event is work-related - which include a law enforcement officer or fireman.
"In the course and scope of employment" is also required for an accident to be protected under Workers Compensation. So as to be in the course of employment, you definitely have to be at your job. If you have a auto collision either on your way to work or on your way home, the majority of the instances those wrecks are not going to be regarded as work-related injuries. There are exceptions. To remain in the range of employment, you have to be engaging in something related to work in other words at the very least engaged in some form of reasonable task the Company could possibly have anticipated. If your employment is to do desk work in an office space but you injure or hurt yourself when you and your colleague decide to have a run down the staircase to see who's in the very best condition that 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 longer sufficiently connected to work to get considered work-related.
Therefore, let's claim that 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 incapacity has to last a certain period of time. If you miss barely a week or so from your job, you're not going to get lost earnings. In addition if you have an injury that heals in just three weeks, you're not entitled to short-term benefits. If you do suffer an injury that keeps you out of your job for an extended time, then you will get compensation. Having said that, this remuneration is not your full earnings. Rather you receive about two-thirds of what you were earning at the time of the personal injury. If the health professional says no work at all, then you receive 66.67% of what you were making at the time of the injury. If the physician says you can work with restrictions AND the Company is unable to accommodate those limitations, you will receive 64% of your wages. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you receive no compensation. So bottom line is that if you are missing work as a result of a work associated accident, you will lose wages. The greater your impairment, the more paychecks you can forfeit. Unless you settle your case at some time, 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 injured or hurt 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 will have to miss a certain amount of workdays and the incapacity has to last a certain period of time. If you miss less than a week or so from work, you're not going to get lost wages. Also if you have an injury that heals within just three 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. Nevertheless, this compensation is not your full salary. Instead you receive around two-thirds of what you were making at the time of the injury. If the health professional says no work at all, then you get 66.67% of what you were making 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 pay. But if your employer 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 as a result of a work-related accident, you will lose earnings. The longer your impairment, the more wages you can lose. Unless you settle your case eventually, 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 only given for a certain period of time. As soon as you have achieved maximum medical improvement, which is the health professionals way of saying you're on the right track now, you don't get anymore temporary benefits. Even when you have not gone back to work or your position is no more 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 generally just last a matter of a few work-weeks or calendar months. Just very handful of injured workers, the most badly injured, have a chance of acquiring long-term permanent benefits called permanent total disability.
If it comes down to medical care, your rights or benefits also have big constraints. If you have an injury that calls for emergency care, at that point you can get that care without first obtaining Employer or workers' compensation carrier approval. Following that very first treatment, who you see for medical care is not your decision. Your Employer or more often its work compensation insurance carrier are going to notify you who you can treat with. If you don't like the medical professional they pick, then you may receive a one-time change but that's it. In addition, you don't have the ability to choose that next health care provider either. Again the workers compensation insurance provider picks the health professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor out of pocket. Your health plan won't cover it.
At least one of the few positive elements of the medical care is that you do not pay for it period, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is accountable for all other costs of medical care including prescription medication and physical therapy. Still as you have the ability to probably see already, workers' comp is not a perfect system. It's also a complex system.
If you find yourself in the work compensation system, you're better off obtaining guidance and perhaps legal representation sooner rather than later. Mistakes made in the workers' compensation system may be difficult if not impossible to unwind. Plus a few mistakes can mean the end of your case altogether. Therefore if you have a workers' compensation injury, consult with us immediately. The consultation is free of cost, and you are under no commitment to hire us. On the assumption 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!
No Fees Unless We Win
At Trial Pro, P.A., our traffic collision lawyers work on a contingency fee basis. This means we cover the expenses of researching, building, negotiating and litigating your insurance claim. We do not bill you a single thing unless we recover compensation on your behalf. If we do not win your claim, you will owe us nothing at all.
Our Cape Canaveral injury legal professionals also provide absolutely free consultations to study the aspects of your case and determine if you have a suit. Arrange a Free Consultation
If you or someone else you love has been injured as a result of someone else's negligence or carelessness, you need a dependable attorney by your side who is familiar with the policies and regulations in FL.
Our Cape Canaveral personal injury attorneys are experts in tort lawsuits and have been recognized by our peers for our successes. Some of our attorneys have been mentioned as Super Lawyers and prestigious litigators for their victories in behalf of our clients.
We have recovered favorable judgments and compensations that were instrumental in helping our clients to bounce back from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you are entitled to for your traumas.
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