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 Cocoa Beach. 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, Immokalee, Southchase, Mims, Naples, Sorrento and more!

Frequently Asked Questions About Workers Compensation in Cocoa Beach, 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 Cocoa Beach Workers' Comp Attorneys Who Know How to Win Tough Suits

Are you looking for a Workers' Compensation Attorneys near you? If you are hurt, we understand you may not be able to visit our offices. If you're not able to come to our office, we can come to you!

Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all types of injuries; motor vehicle accidents, motorcycle accidents, wrongful death claims, slip-and-fall injuries, semi accidents, construction accidents and workplace 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 cities like Wabasso, Fort Pierce, Suntree, Mintons Corner, Mims, Grant and throughout Florida. Contact our law firm for a free of cost and confidential assessment of how we can help.

Work Comp in Cocoa Beach is a legally required system of benefits that are accessible to most workers who are hurt on the job. 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 to blame or negligent in triggering an injury, and this does not exclude you from getting benefits. However your workplace or colleague could be negligent in leading to the accident, and this particular does not qualify you to more benefits. is said 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 accident. It is a "shield" that guards Workplaces from having to pay laborers many of the damages that are accessible to non-employees who are hurt cause by the unfortunate incident.

Need to file a Work Compensation Claim? Talk with our Expert Cocoa Beach, FL Workers' Comp Lawyers Contact Trial Pro, P.A Law Firm without delay - 800-874-2577

This good example depicts the "sword and shield" angle of Work Comp. Let's say Evan is a very sloppy chef. He rarely cares about what he's working on. He's heading out the back entrance at the workplace, hands loaded with waste, to toss in the dumpster. As he races down the well-lighted stairs, he trips and falls down hurting his clavicle. His boss goes to his aid, and sees that Evan as is the custom was carrying way too much to be safe and his shoe laces were untied. You might probably expect that Evan may not have a case just because his recklessness resulted in the accident. However you'd be not right.

Cocoa Beach companies and home owners are under legal standing liable for maintaining their facilities and have to keep it in a fairly safe and secure condition and notify occupants of any harmful conditions of which they are aware or need to be aware.

Now let's alter the facts slightly. Evan as opposed to being reckless is significantly cautious. He always ties up his no slip boots in double knots, by no means rushes down the staircases, and never carries a lot more than he can. But his business manager has been somewhat slack lately. The light on the stairs burned out, and he recognizes that one of the steps is cracked and is a tripping risk. However he's too busy to address that issue now. Consequently, Evan trips on the worn out unlit staircase that his boss knew about, yet failed to even bother to notify Evan about. If you suppose that Evan is able to now file a claim against his manager or Employer for negligence as a result of his manager's negligent practices, you will also be off-target. Careless Evan possesses the exact same legal rights as an injured employee as cautious Evan does. That may appear not fair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore let's analyze who is entitled to these types of benefits in Florida. To start with, you must be an employee. Independent contractors (or 1099 staff members) are not entitled to work comp benefits. Also, the company that you work with must be large enough to be required to carry workers' comp benefits. If there aren't at minimum four workers, then the Company isn't required to offer worker's compensation insurance coverage except if it is a construction employment Also, there are specific jobs that usually are not protected in The Sunshine State under workers' compensation. Good examples of jobs that are not covered are most real estate agents, owner-operators of trucks, almost all volunteers, and taxi cab drivers.

Just let's assume you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you suffer an injury or have an accident on the job? Like many legal issues, the answer is that it depends. First, the accident or trauma has to "arise out of" and be "in the course and scope" of employment. Arising out of work basically denotes that some aspect of the work caused the accident. A good example of a relatively frequent 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 suffer a heart attack during the course of work hours, this particular is not really going to count as a worker comp accident. It may have occurred at work, but the job did not inflict the heart attack. Even if you have a very stressful career and you're boss has been harassing you relentlessly and you have a stroke due in part to the other psychological and mental toll work takes on you, this is not likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are considered to be personal in nature and unrelated to your work duties. For that reason the fact that the incident manifested at the workplace is not good enough. Exceptions to these exclusions arise if: (a) you are engaged in an unusual stress or effort on the job, or (b) you are involved in an occupation where there is a probability that such activity is work-related - for example, 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 Benefits. So as to be in the course of employment, you certainly have to be at your job. If you have a car or truck crash either on your way to work or on your way home, the majority of the instances those accidents are not going to be considered job related injuries. There are exceptions. To be in the scope of employment, you have to be doing a task related to work or even at the very least engaged in some type of reasonable task the Employer could have anticipated. If your occupation is to perform desk work in a business office but you injure yourself when you and your colleague choose to have a run down the staircase to see who's in optimum shape that personal injury is definitely not going to be considered work-related. You have unreasonably deviated from your work duties to the point that what you're doing at the time of personal injury is no more sufficiently connected to work to be considered work-related.

Therefore, let's claim that you've cleared the hurdles of being a worker that's 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 will have to miss a certain amount of work and the injury has to last a specific period of time. If you miss out no more than a week from work, you're not going to receive lost earnings. At the same time if you have a trauma that heals within three weeks, you're not qualified to short-term benefits. If you do sustain a personal injury that places you out of your job for an extended time, then you will obtain compensation. On the other hand, this compensation is not your full paycheck. Instead you collect as much as two-thirds of what you were earning at the time of the accident. If the health professional says no work at all, at that time you receive 66.67% of what you were earning at the time of the accident. If the doctor suggests you can work with restrictions AND the Employer is not able to accommodate those limitations, you will obtain 64% of your salary. 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 your job due to a work-related injury, you will lose earnings. The longer your impairment, the more earnings you can lose. Unless you settle your case at some time, those lost wages are gone for good and will definitely not be recovered.

Therefore, 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 receive? To be entitled to lost wages, you have to miss out a particular amount of work and the incapacity has to last a certain period of time. If you miss barely a week from work, you're not going to receive lost earnings. At the same time if you have a trauma that heals in just three full weeks, you're not entitled to short-term benefits. If you do sustain an injury that keeps you out of your job for an extended period of time, then you will earn compensation. Nevertheless, this remuneration is not your whole income. Rather you receive approximately two-thirds of what you were making at the time of the personal injury. If the health care provider says no work at all, then you receive 66.67% of what you were earning at the time of the injury. If the doctor suggests you can work with restrictions AND the Business is unable to accommodate those limitations, you may receive 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 compensation. So bottom line is that if you are missing work due to a work associated accident, you will lose earnings. The longer your disability, the more paychecks you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will not be recovered.

A further limitation on your ability to get lost wages is that those benefits are just given for a specific period of time. Once you have acquired maximum medical improvement, which is the doctors way of pointing out you're good to go, you don't get anymore temporary benefits. Even if you have not gone back to work or your position is no more available, your temporary benefits end. If you get an impairment rating due to a permanent lesion, 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 weeks or months. Only very few injured employees, the most seriously injured, have a likelihood of receiving long-term permanent benefits called permanent total disability.

If it comes down to medical care, your rights or benefits also have great constraints. If you have injuries that calls for urgent care, then you can get that care without first getting Employer or workers' compensation provider authorization. Right after that very first treatment, who you see for health care is not your choosing. Your Employer or often its workers compensation insurance service provider are going to tell you exactly who you can treat with. If you don't like the physician they choose, then you might obtain a one time change but that's it. In addition, you don't have the ability to choose that next medical professional either. One more time the work compensation insurance provider picks the doctor. You can get what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor expense. Your health plan won't cover it.

At least one of the few beneficial elements of the medical care is that you don't pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance provider is accountable for all other expenses of medical care including prescribed medicine and physical therapy. Still as you have the ability to probably see now, workers' compensation is not an ideal system. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off obtaining guidance and possibly a lawyer sooner rather than later. Mistakes made in the workers' comp system could be tough or even impossible to unwind. And even some errors can mean the end of your case completely. Therefore if you have a workers' compensation accident, talk to us as soon as possible. The advice is free of cost, and you are under no obligation to hire us. In the event that you do hire us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for our clients!

No Fee Unless Recovery

At Trial Pro, our personal injury lawyers operate on a contingency fee basis. This means we cover the costs of researching, building, negotiating and litigating your claim. We do not charge you a thing unless our attorneys recover compensation on your behalf. If we do not win your lawsuit, you will pay us nothing at all.

Our Cocoa Beach personal injury attorneys also provide free evaluations to discuss the aspects of your claim and establish if you have a case. Arrange a Free Examination

If you or someone else you love has been injured due to someone else's negligence or carelessness, you need a trusted lawyer on your side who is familiar with the laws and laws in The Sunshine State.

Our Cocoa Beach personal injury attorneys are well-versed in injury litigation and have been acknowledged by our peers for our victories. A few of our legal professionals have been named as Super Lawyers and prestigious litigators for their success on behalf of our clients.

We have recovered favorable verdicts and settlements that contributed 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 are entitled to for your personal 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

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