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 Clearwater. 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, Horizons West, Poinciana, Marco Island, Saint Petersburg, Largo and more!

Frequently Asked Questions About Workers Compensation in Clearwater, 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 Clearwater Workers' Comp Lawyers Who Know How to Succeed In Tough Proceedings

Are you searching for a Work Compensation Lawyers near you? If you are injured, we recognize you may not have the ability to visit our offices. If you're unable to come to us, our firm can come to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury judicial matters. Our practice areas include all types of injuries; automobile accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, truck 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 Fairview Shores, Oakland, Avalon Park, Rattlesnake, East Tampa, Palm and all throughout Florida. Contact our firm for a free of cost and confidential assessment of your case.

Work Comp in FL is a legally required system of benefits that are accessible to most employees who are injured on the job. 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 to blame or negligent in leading to an injury, moreover this does not exclude you from getting benefits. However your manager or colleague can possibly be negligent in causing the accident, and this particular does not entitle you to additional benefits. is claimed to be equally a shield and a sword as far as providing for benefits. It is a "sword" in that your Boss 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 employees a lot of the damages that are available to non-employees who are injured or hurt after the accident.

Need to file a Work Compensation Claim? Talk with our Expert Clearwater, FL Workers' Compensation Lawyers Contact our office today for a free consultation - 800-874-2577

This example exposes the "sword and shield" factor of workers' compensation. Let's say Evan is a considerably sloppy baker. He rarely pays attention to what he's doing. He's heading out the back door at the workplace, hands packed with waste, to toss in the dumpster. As he runs down the unobscured stairs, he slips and falls down damaging his calcaneus. His boss goes to his aid, and sees that Evan as usual was transporting excessive amounts of waste to be safe and his shoe laces were simply undone. You might probably assume that Evan does not have a case simply because his neglect triggered the personal injury. But you'd be wrong.

Clearwater, Florida companies and home owners are legally liable for taking care of their properties and have to maintain it in a reasonably risk-free condition and advise occupants of any unsafe conditions of that they are aware or need to be aware.

Now let's alter the facts just a bit. Evan rather than being careless is quite meticulous. He consistently ties up his no slip shoes in double knots, under no circumstances rushes down the stairs, and under no circumstances holds a lot more than he can. However, his business manager has been fairly slack lately. The light bulb on the stairways blown out, and he knows that one of the steps is damaged and is a tripping risk. Nonetheless he's too busy to address that problem at this moment. As a result, Evan trips on the worn out dark stair that his employer knew of, but failed to even bother to warn Evan about. If you feel that Evan is able to now file suit his boss or Employer for negligence due to his boss's negligent actions, you would also be wrong. Negligent Evan has the same legal rights as a hurt person as mindful Evan does. That may seem unjust, but that is a consequence of fault of negligence being a non-issue in workers comp.

Therefore, let's examine who is qualified to these benefits in Florida. First of all, you have to be an employee. Independent contractors (or 1099 workers) are not qualified to workers comp benefits. As a rule, the organization that you work for will have to be big enough to be required to hold workers' comp benefits. On the assumption that there are not at minimum four workers, then the Business isn't required to hold workers' comp coverage except if it is a construction job As well, there are particular occupations that aren't protected in The Sunshine State under work comp. Samples of occupations that are not covered are almost all real estate agents, owner-operators of trucks, the majority of volunteers, and taxi cab drivers.

Just let's suppose you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you sustain injuries or have an accident at the workplace? Like many legal questions, the answer is that it depends. To begin with, the accident or personal injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work basically implies that some element of the task caused the accident. An example of a fairly usual 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 suffer a cardiac arrest during work hrs, this particular is not likely going to count as a workers compensation injury. It may have occurred at work, but the job did not cause the heart attack. Whether or not you have a very stressful career and you're employer has been harassing you relentlessly and you have a stroke due somewhat to the other psychological toll work takes on you, this is not likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are regarded to be personal in nature and unassociated to your job duties. Subsequently the simple fact that the event occurred at the workplace is not sufficient. Exceptions to these exemptions emerge if: (a) you are involved in an unusual stress or effort on the job, or (b) you are involved in an line of work where there is a presumption that such activity is work-related - like a law enforcement officer or fire fighter.

"In the course and scope of employment" is also required for an accident to be covered under Workers Compensation Insurance. So as to be in the course of employment, you literally have to be at work. If you have a car or truck accident either on your way to work or on your way home, the majority of instances those personal injuries are not going to be considered work-related accidents. There are exceptions. To remain in the scope of employment, you need to be doing something related to work or even at least engaged in some form of reasonable task the Business could possibly have foreseen. If your employment is to do paperwork in an office space but you hurt yourself when you and your colleague decide to have a run down the stairway to see who's in the best shape that accident is not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at that time of accident is no more sufficiently connected to work to be considered work-related.

Thus 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 injury that arose out of work, what do you receive? To be entitled to lost wages, you will have to miss a certain amount of workdays and the injury has to last a particular period of time. If you miss out no more than a full week from your job, you're not going to get lost earnings. At the same time if you have a trauma that heals within just three weeks, you're not entitled to short-term benefits. If you do suffer a personal injury that places you out of job for an extended time, then you will earn compensation. Unfortunately, this compensation is not your entire earnings. Instead you obtain about two-thirds of what you were making 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 making at the time of the injury. If the health professional claims you can work with limitations AND the Company is unable to accommodate those restrictions, you may get 64% of your pay. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no compensation. 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 disability, the more wages you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will certainly not be recovered.

Thus let's say 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 have to miss out a certain amount of workdays and the disability has to last a certain period of time. If you skip no more than a week from work, you're not going to be given lost wages. Also if you have a trauma that heals within just three weeks, you're not qualified to short-term benefits. If you do sustain an personal injury that keeps you out of work for a prolonged time, then you will earn compensation. However, this remuneration is not your entire wage. Instead you obtain roughly two-thirds of what you were making at the time of the accident. If the physician says no work at all, at that point you receive 66.67% of what you were earning at the time of the accident. If the health professional states you can work with restrictions AND the Company is not able to accommodate those limitations, you will obtain 64% of your income. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain no compensation. 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 forfeit. Unless you settle your case eventually, those lost paychecks are gone for good and will not be recovered.

A further restriction on your chance to obtain lost wages is that those benefits are only given for a specific period of time. As soon as you have acquired maximum medical improvement, which is the doctors way of pointing out you're good to go, you do not get any more temporary benefits. Despite the fact that you have not come back to work or your job is no longer available, your temporary benefits end. If you get 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. Only very handful of injured employees, the most badly hurt, have a chance of receiving long term permanent benefits called permanent total disability.

Every time it pertains to medical care, your rights or benefits also have considerable limitations. If you have injuries that entails critical care, at that point you can get that care without first acquiring Workplace or workers' comp service provider approval. Just after that very first medical care, who you see for health treatment is not your selection. Your Employer or more often its workers compensation insurance provider will likely inform you who you can treat with. If you don't like the health care provider they choose, then you may obtain a one-time change but that's it. On top of that, you don't have the ability to pick that next medical professional either. Once again the work comp insurance carrier picks the health care provider. You can get what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your health plan will not pay for it.

At least one of the few positive 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 accountable for all other costs of medical care including prescribed medicine and physical therapy. Still as you can probably see now, workers' compensation is not a perfect system. It's also a complicated system.

If you find yourself in the work compensation system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Errors made in the workers' compensation system could be tough or even impossible to unwind. And also a couple errors can mean the end of your case entirely. So if you have a workers' compensation injury, contact us without delay. The consultation is completely free, and you are under no commitment to hire us. In the case that you do hire us, you won't be out of pocket for any charges or costs. Our firm only gets paid when we get benefits for our clients!

Our "No Fee Unless We Win" Policy

At Trial Pro, our collision attorneys work on a contingency fee basis. That means our firm covers the costs of researching, constructing, negotiating and litigating your case. We do not bill you a thing unless we recover compensation on your behalf. If we don't win your insurance claim, you will owe us absolutely nothing.

Our Clearwater injury lawyers also offer absolutely free consultations to review the specifics of your claim and determine if you have a case. Set Up a Free Examination

If you or someone else you love has been hurt as a result of someone else's negligence or carelessness, you need a reliable lawyer on your side who is familiar with the policies and regulations in The Sunshine State.

Our Clearwater injury attorneys are skilled in tort lawsuits and have been acknowledged by our peers for our successes. Several of our attorneys have been listed as Super Lawyers and prestigious litigators for their success in behalf of our clients.

We have recovered favorable verdicts and settlements that were instrumental in helping 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 are entitled to for your traumas.

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