After experiencing an accident in Fort Myers, 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 Fort Myers law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Fort Myers 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 Coral. 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, Oak Ridge, Gulfport, Ybor City, Estero and more!
Frequently Asked Questions About Workers Compensation in Cape Coral, 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 Cape Coral Workers' Compensation Lawyers Who Know How to Win Challenging Proceedings
Are you trying to find a Work Comp Law Firm near you? If you are injured, we understand you may not be capable to drop by our offices. If you're unable to come to us, our firm can come to you!
Trial Pro, P.A. represents Floridians in a range of personal injury judicial matters. Our practice areas include all forms of accidents; auto collisions, motorcycle collisions, wrongful death claims, slip-and-fall accidents, tractor-trailer collisions, construction accidents and workers compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to people in cities like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and across Florida. Contact our firm for a complimentary and confidential discussion of your case.
Work Comp in FL is a legally required system of benefits that are available to most workers who are hurt at work. 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 entirely at fault or neglectful in causing an injury, also this does not disqualify people from getting benefits. Conversely your boss or colleague can be negligent in leading to the accident, and this particular does not entitle you to additional benefits. Worker's Comp is claimed for being equally a shield and a sword as far as providing for benefits. It is a "sword" because your Boss can not defend against your claim by saying you were negligent in creating the injury. It is a "shield" that guards Employers from having to pay employees many of the damages that are available to non-employees who are injured due to the unfortunate incident.
Need to file a Workers' Comp Claim? Talk with our Expert Cape Coral, FL Work Compensation Lawyers To schedule your free initial appointment Contact us without delay - 800-874-2577
This example depicts the "sword and shield" angle of workers' compensation. Let us's declare Evan is a pretty sloppy baker. He rarely pays attention to 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 races down the illuminated backstairs, he slips and collapses cracking his calcaneus. His supervisor goes to his aid, and witnesses that Evan as is usual was transporting excessive amounts of waste to be safe and his shoe laces were simply untied. You may perhaps assume that Evan doesn't have a claim considering his negligence triggered the unfortunate incident. However you'd be mistaken.
Cape Coral, FL companies and property owners are under legal standing liable for maintaining their properties and must keep it in a fairly safe and secure condition and caution occupants of any dangerous conditions of that they are aware or need to be aware.
Now let's alter the facts to some extent. Evan rather than being careless is quite mindful. He actually ties his no slip shoes in repeated knots, never runs down the staircases, and under no circumstances carries a lot more than he can. But his supervisor has been fairly neglectful recently. The lighting on the stairways blown out, and he recognizes that one of the steps is busted and is a tripping hazard. Then again he's too busy to handle that problem now. As a result, Evan trips on the faulty dark stair that his employer knew of, however failed to even try to caution Evan about. If you expect that Evan can now take legal action against his manager or Employer for negligence as a result of his boss's reckless behaviors, you would also be mistaken. Negligent Evan possesses the very same rights as an injured employee as vigilant Evan does. That may appear unreasonable, but that is a consequence of fault of negligence being a non-issue in work comp.
Therefore, let's analyze who is eligible to these particular benefits in The Sunshine State. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers' compensation benefits. As a rule, the organization that you work with needs to be big enough to be required to hold worker's compensation benefits. Assuming that there are not at the very least four staff members, then the Employer isn't obligated to hold work comp insurance coverage unless it is a building and construction job Also, there are various roles that usually are not protected in FL under workers' compensation. Samples of jobs that aren't covered are most real estate agents, owner-operators of eighteen-wheelers, the majority of volunteers, and taxi drivers.
Just let's assume 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 work? Just like many legal inquiries, the answer is that it depends. To start with, the calamity or personal injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work basically denotes that some element of the work caused the accident. An example of a reasonably regular injury occurrence at work that is not usually a job related injury is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest in the middle of work hrs, this is not likely going to count as a workers' comp injury. It may have occurred at work, but the work did not trigger the heart attack. Whether or not you have an extremely demanding job and you're manager has been harassing you non-stop and you feature a stroke due partly to the other emotional 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 work duties. Subsequently the fact that the calamity manifested at work is not sufficient. Exceptions to these exemptions arise if: (a) you are engaged in an unusual stress or effort at the workplace, or (b) you are involved in an employment where there is a probability that such activity is work-related - which include a police officer or fire fighter.
"In the course and scope of employment" is also required for an accident to be covered under Workers Compensation Insurance. To be in the course of employment, you definitely have to be at work. If you have a motor vehicle collision either on your way to work or on your way home, the majority of times those traffic collisionsare not going to be regarded as job related accidents. There are exceptions. To be in the range of employment, you must be engaging in something related to work or even at the very least engaged in some form of reasonable task the Employer could possibly have anticipated. If your position is to do desk work in a business office but you hurt yourself when you and your friend choose to have a race down the stairway to see who's in the very best shape that accident is not going to be considered work-related. You have foolishly deviated from your job duties to the point that what you're doing at that time of trauma is no longer sufficiently connected to work to be considered work-related.
So let's claim that 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 will have to miss out a certain amount of work and the incapacity has to last a particular period of time. If you skip less than a week or so from your job, you're not going to be given lost wages. At the same time if you have a trauma that heals within just three weeks, you're not qualified to short-term benefits. If you do sustain a trauma that keeps you out of your job for a lengthy time, then you will receive compensation. Having said that, this remuneration is not your entire earnings. Instead you get about two-thirds of what you were earning at the time of the injury. If the health care provider says no work at all, then you receive 66.67% of what you were making at the time of the accident. If the health professional states you can work with limitations AND the Business is unable to accommodate those limitations, you may receive 64% of your paycheck. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no reimbursement. So bottom line is that if you are missing your job due to a work associated accident, you will lose wages. The longer your injury, the more paychecks you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will not be recovered.
So 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 get? To remain entitled to lost wages, you will have to miss a certain amount of workdays and the disability has to last a certain period of time. If you miss out barely a week or so from your job, you're not going to be given lost earnings. Also if you have an injury that heals within three weeks, you're not entitled to short-term benefits. If you do suffer an accident that manages to keep you out of job for a prolonged time, then you will earn compensation. However, this remuneration is not your full salary. Rather you collect around 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 get 66.67% of what you were making at the time of the injury. If the health professional suggests you can work with restrictions AND the Employer is unable to accommodate those restrictions, you will obtain 64% of your wages. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you receive no compensation. So bottom line is that if you are missing your job due to a work associated injury, you will lose wages. The longer your impairment, the more paychecks you can forfeit. 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 just given for a specific period of time. As soon as you have reached 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 if you have not returned to work or your job is no more available, your temporary benefits end. If you receive an impairment rating as a result of a permanent injury, you will receive permanent impairment benefits, although those benefits are less than the temporary and they are very short lived. They typically just last a matter of a few work-weeks or months. Only very handful of injured workers, the most seriously injured, have a chance of obtaining long term permanent benefits called permanent total disability.
If it comes down to medical care, your rights or benefits also have considerable limitations. If you have injuries that requires emergency care, then you can get that care without first getting Workplace or workers' compensation service provider approval. Soon after that initial medical care, who you see for health care is not your selection. Your Employer or often its workers compensation insurance provider will likely inform you who exactly you can treat with. If you don't like the doctor they pick, then you might obtain a one-time change but that's it. Plus, you don't have the ability to choose that next health professional either. Once again the work compensation insurance carrier picks the health professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that doctor expense. Your medical insurance won't cover it.
One of the few positive elements 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 responsible for all other expenses of medical care including prescribed medication and physical therapy. Still as you have the ability to probably see now, 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 obtaining guidance and possibly an attorney sooner rather than later. Mistakes made in the workers' compensation system might be very difficult if not impossible to unwind. Moreover some errors can mean the end of your case entirely. So if you have a workers' compensation injury, speak to us immediately. The advice is free of cost, and you are under no obligation to retain us. In the case that 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!
We Don't Get Paid Until You Get Paid
At Trial Pro, our collision attorneys operate on a contingency fee basis. This means our experts cover the expenses of researching, building, negotiating and litigating your lawsuit. We do not bill you a thing unless our lawyers recover compensation on your behalf. If we don't win your case, you will owe us absolutely nothing.
Our Cape Coral injury attorneys also provide absolutely free consultations to assess the elements of your claim and establish if you have a case. Set Up a Free Assessment
If you or someone else you love has been injured as a result of someone else's negligence or carelessness, you need a reputable lawyer on your side who is familiar with the statutes and laws in Florida.
Our Cape Coral personal injury lawyers are well-versed in personal injury litigation and have been acknowledged by our peers for our achievements. Some of our attorneys have been classified as Super Lawyers and prestigious litigators for their victories on behalf of our clients.
We have recovered desirable verdicts and compensations that were instrumental in assisting our clients recoup from their 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 Lee 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