After experiencing an accident in Tampa, the last thing you desire 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 optimal 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 hands 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 Citrus Park. 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, Buena Ventura Lakes, Campbell, Forest City, Lehigh Acres, Geneva and more!
Frequently Asked Questions About Workers Compensation in Citrus Park, 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 Citrus Park Workers' Compensation Lawyers Who Know How to Win Challenging Proceedings
Are you trying to find a Work Comp Attorneys near you? If you are injured or hurt, we recognize you may not have the ability to visit our offices. If you're unable to come to our office, we can come to you!
Trial Pro, P.A. works with Floridians in a range of personal injury judicial matters. Our practice areas include all kinds of accidents; car collisions, motorcycle collisions, wrongful death claims, slip-and-fall injuries, semi-truck accidents, construction accidents and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to people in areas such as Fairview Shores, Oakland, Avalon Park, Mango, East Lake, Gibsonton and all throughout Florida. Call our office for a free and confidential discussion of your case.
Work Comp in Florida 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 cause of an accident is a non-issue. You could be entirely responsible or neglectful in resulting in an accident, moreover this does not exclude people from obtaining benefits. However your manager or coworker might be negligent in leading to the injury, and this particular does not entitle you to additional benefits. Work Comp is claimed to be both a shield and a sword as for providing for benefits. It is a "sword" because your Boss simply cannot defend against your claim by saying you were negligent in causing the accident. It is a "shield" that gives protection to Employers from having to pay employees many of the damages that are accessible to non-employees who are injured or hurt following the unfortunate incident.
Need to file a Workers' Compensation Claim? Talk with our Expert Citrus Park, Florida Workers' Compensation Attorneys To schedule your free initial evaluation Call Trial Pro, P.A. as soon as possible - 800-874-2577
This good example portrays the "sword and shield" side of Work Comp. Let us's point out Evan is a considerably sloppy chef. He rarely focuses on what he's doing. He's going out the side door on the job, hands full of garbage, to toss in the dumpster. As he races down the resplendent stairs, he slips and falls down fracturing his hand. His boss goes to his aid, and witnesses that Evan once and again was transporting excessive amounts of waste to be safe and his shoe laces were actually untied. You might actually believe that Evan does not have a case considering his recklessness induced the injury. However, you would be wrong.
Citrus Park companies and residential or commercial property owners are lawfully liable for maintaining their premises and need to maintain it in a reasonably risk-free condition and inform occupants of any unsafe conditions of that they are conscious or need to be aware.
And now let's alter the facts a little bit. Evan instead of being reckless is exceptionally careful. He actually ties his no slip work shoes in double knots, certainly never runs down the staircases, and never ever transports a lot more than he can. However his business manager has been somewhat slack in recent times. The light bulb on the stairways blown out, and he knows that one of the steps is damaged and is a tripping hazard. Then again he's too busy to address that problem at the moment. As a result, Evan trips on the damaged unlit stairway that his employer knew of, and yet failed to even bother to warn Evan about. If you expect that Evan can now litigate his boss or Workplace for negligence due to his manager's negligent actions, you would likely also be wrong. Reckless Evan has the same legal rights as an injured worker as cautious Evan does. That may appear unjust, but that is a consequence of fault of negligence being a non-issue in workers comp.
Therefore let's analyze who is eligible to these particular benefits in The Sunshine State. First of all, you must be an employee. Independent contractors (or 1099 staff members) are not entitled to workers comp benefits. Additionally, the company that you work for must be big enough to be required to possess worker's compensation benefits. In case there aren't at minimum four workers, then the Employer isn't required to carry worker's compensation coverage except if it is a construction employment As well, presently there are specific jobs that usually are not protected in FL under workers comp. Instances of jobs that are not covered are nearly all real estate agents, owner-operators of eighteen-wheelers, the majority of volunteers, and taxi drivers.
Therefore, let's assume you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer an injury or have an accident at the workplace? Just like many legal issues, the answer is that it depends. First, the accident or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some element of the job triggered the accident. An example of a relatively regular injury instance at the workplace that is not typically a job related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest in the course of work hours, this specific is not likely going to count as a workers compensation injury. It may have occurred at work, but the job did not cause the cardiac arrest. Whether or not you have an extremely demanding career and you're supervisor has been harassing you non-stop and you feature a stroke due partly to the other psychological and mental toll work takes on you, this is not going to be covered. The heart attack, stroke, or other "internal failures " are contemplated to be personal in nature and irrelevant to your job duties. For that reason the fact that the misfortune happened at work is not good enough. Exceptions to these exemptions emerge if: (a) you are engaged 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 an event is work-related - such as a police officer or fireman.
"In the course and scope of employment" is required for an injury to be covered under workers comp. So as to be in the course of employment, you in essence have to be at work. If you have a auto collision either on your way to work or on your way home, a lot of times those unfortunate incidents are not going to be regarded as job related injuries. There are exceptions. To be in the range of employment, you must be performing a task related to work or at least engaged in some form of reasonable activity the Business could possibly have foreseen. If your occupation is to perform desk work in an office space but you injure yourself when you and your pal choose to have a race down the staircase to see who's in the best shape that accident is definitely not going to be considered work-related. You have foolishly deviated from your job duties to the point that what you're doing at the time of injury is no longer sufficiently linked to work to get considered work-related.
Thus let's say 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 remain entitled to lost wages, you must miss out a particular amount of workdays and the incapacity has to last a particular period of time. If you miss less than a week from your job, you're not going to get lost wages. Also if you have a trauma that heals in less than three weeks, you're not entitled to temporary benefits. If you do sustain a trauma that manages to keep you out of work for an extended time, then you will get compensation. Nonetheless, this compensation is not your whole paycheck. Rather you get around two-thirds of what you were earning at the time of the accident. If the doctor says no work at all, then you receive 66.67% of what you were making at the time of the accident. If the medical professional states you can work with limitations AND the Company is unable to accommodate those restrictions, you may obtain 64% of your compensation. 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 work because of a work associated injury, you will lose earnings. The longer your disability, the more wages you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will definitely not be recovered.
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 injury that arose out of work, what do you obtain? To remain entitled to lost wages, you have to miss out a certain amount of work and the incapacity has to last a specific period of time. If you skip barely a week from work, you're not going to collect lost wages. Additionally if you have an injury that heals in just three full weeks, you're not entitled to short-term benefits. If you do sustain an accident that keeps you out of job for an extended period of time, then you will obtain compensation. Nonetheless, this compensation is not your entire paycheck. Rather you obtain as much as two-thirds of what you were making at the time of the injury. If the medical professional says no work at all, at that time you receive 66.67% of what you were making at the time of the accident. If the physician states you can work with limitations AND the Company is not able to accommodate those limitations, you may receive 64% of your income. But if your Boss is able to accommodate those restrictions 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 associated injury, you will lose earnings. The greater your impairment, the more paychecks you can lose. Unless you settle your case eventually, those lost wages are gone for good and will not be recovered.
A further constraint on your chance to get lost wages is that those benefits are just given for a particular period of time. Once you have obtained maximum medical improvement, which is the doctors way of expressing you're as good as you're going to get, you will not get anymore temporary benefits. Even if you have not gone back 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 in most cases just last a matter of a few weeks or months. Just very few injured employees, the most badly injured, 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 great constraints. If you have injuries that entails critical care, then you can get that care without first acquiring Workplace or workers' comp provider authorization. Right after that very first treatment, who you see for medical treatment is not your selection. Your Employer or often its work comp insurance service provider are going to notify you who exactly you can treat with. If you don't like the medical professional they pick, then you may obtain a one time change but that's it. Additionally, you don't get to choose that next health professional either. One more time the workers comp insurance provider picks the health care provider. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health professional expense. Your health plan won't pay for it.
One particular of the few positive aspects of the health care is that you don't 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 prescription drugs and physical therapy. Still as you can probably see now, workers' compensation is not a tremendous program. It's also a complex system.
If you find yourself in the work comp system, you're better off getting guidance and possibly a lawyer sooner rather than later. Mistakes made in the workers' comp system might be troublesome if not impossible to unwind. Moreover some mistakes can guarantee the end of your case completely. Therefore, if you have a workers' comp accident, talk to us as soon as possible. The advice is free of cost, and you are under no commitment to retain 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 you!
No Fees Unless We Win
At Trial Pro, P.A., our personal injury attorneys work on a contingency fee basis. That means our firm covers the costs of investigating, building, negotiating and litigating your lawsuit. We do not bill you a single thing unless we recover compensation on your behalf. If we don't win your lawsuit, you will owe us completely nothing.
Our Citrus Park injury attorneys also offer free assessments to study the details of your case and determine if you have a case. Schedule a Free Consultation
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 Citrus Park injury attorneys are experts in personal injury lawsuits and have been acknowledged by our peers for our achievements. Several of our attorneys have been named as Super Lawyers and distinguished litigators for their success in behalf of our clients.
We have recovered desirable judgments and compensations that contributed in helping our clients recover from their injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve 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
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