After experiencing an accident in Naples, 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 Naples law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Naples 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 Coconut. 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, Citrus Ridge, Doctor Phillips, Immokalee, Melbourne Shores and more!

Frequently Asked Questions About Workers Compensation in Coconut, 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 Coconut Workers' Compensation Attorneys Who Know How to Win Challenging Proceedings

Are you searching for a Work Comp Law Firm near you? If you are injured, we recognize you may not be capable to pay a visit to our offices. If you're not able to come to us, our firm can come to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury law matters. Our practice areas include all kinds of accidents; auto collisions, motorcycle accidents, wrongful death claims, slip-and-fall accidents, truck collisions, construction injuries and work comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to clients in cities like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over 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 accessible 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 injury is a non-issue. You could be totally at fault or negligent in triggering an accident, also this does not disqualify individuals from collecting benefits. In contrast your boss or coworker can be negligent in leading to the injury, and this particular does not qualify you to even more benefits. Worker's Comp is said for being equally a shield and a sword as far as providing for benefits. It is a "sword" because your Workplace can't defend against your claim by saying you were negligent in creating the unfortunate incident. It is a "shield" that protects Companies from having to pay staff members many of the damages that are readily available to non-employees who are injured following the accident.

Need to file a Workers' Compensation Claim? Talk with our Expert Coconut Workers' Comp Attorneys Get in touch with Trial Pro, P.A. Today for a FREE no obligation consultation - 800-874-2577

This situation exposes the "sword and shield" side of Worker's Comp. Let us's claim Evan is a considerably careless chef. He hardly pays attention to what he's doing. He's heading out the back entrance at the workplace, hands loaded with trash, to put in the dumpster. As he runs down the luminous stairs, he slips and collapses fracturing his knee-cap. His manager comes to his aid, and observes that Evan as usual was carrying excessive amounts of garbage to be safe and his shoe laces were simply untied. You might actually think that Evan does not have a claim because his neglect resulted in the personal injury. However you'd be incorrect.

Coconut businesses and home owners are under legal standing responsible for looking after their facilities and need to always keep it in a reasonably safe condition and inform occupants of any dangerous conditions of which they are aware or need to be aware.

Now let's alter the facts just a little. Evan as opposed to being reckless is exceptionally cautious. He actually ties his no slip boots in double knots, never hurries down the stairways, and never ever carries a lot more than he should. On the other hand his office manager has been somewhat slack lately. The light fixture on the stairways burned out, and he recognizes that one of the steps is busted and is a tripping risk. Then again he's too hectic to address that problem at this moment. Consequently, Evan trips on the broken down unlit stairway that his manager knew about, yet failed to even try to warn Evan about. If you guess that Evan is able to now take legal action against his manager or Employer for negligence as a result of his manager's reckless behaviors, you would most likely also be off-target. Negligent Evan has the exact same rights as a seriously injured employee as meticulous Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore, let's examine who is entitled to these kinds of benefits in Florida. First of all, you need to be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. Additionally, the company that you work with must be big enough to be required to hold worker's compensation benefits. If there are not at minimum four staff members, then the Employer isn't obligated to hold workers' comp insurance coverage unless it is a construction employment Also, presently there are a number of roles that aren't protected in Florida under workers' compensation. Instances of occupations that are not covered are many real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi cab drivers.

So let's state that you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at work? Just like many legal inquiries, the answer is that it depends. First off, the accident or trauma will need 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 led to the accident. A good example of a fairly regular injury occurrence at the workplace that is not commonly a job related injury is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest in the course of work hrs, this is not most likely to count as a worker comp injury. It may have happened at work, but the work did not inflict the cardiac arrest. Even if you have an extremely arduous career and you're manager has been harassing you relentlessly and you have a stroke due somewhat to the other psychological and mental toll work takes on you, this is not likely going to be covered. The heart attack, stroke, or other "internal failures " are considered to be personal in nature and irrelevant to your job responsibilities. For that reason the fact that the incident took place at the workplace is not sufficiently. Exceptions to these exclusions emerge if: (a) you are engaged in an unusual stress or effort on the job, or (b) you are involved in an employment where there is a anticipation that such activity is work-related - for instance a law enforcement officer or fire fighter.

"In the course and scope of employment" is in addition required for an injury to be covered under workers comp. So as to be in the course of employment, you definitely have to be at your job. If you have a vehicle crash either on your way to work or on your way home, the majority of times those wrecks are not going to be regarded as work-related accidents. There are exceptions. To remain in the scope of employment, you have to be engaging in something related to work or at the very least engaged in some kind of reasonable task the Business could have foreseen. If your position is to perform paperwork in a business office but you injure yourself when you and your buddy decide to have a run down the stairs to see who's in the best condition that accident is not going to be considered work-related. You have unreasonably deviated from your job duties to the point that what you're doing at that time of trauma is no more sufficiently linked to work to get regarded as work-related.

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 receive? To remain entitled to lost wages, you will have to miss out 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 collect lost earnings. At the same time if you have an injury that heals in less than three weeks, you're not entitled to short-term benefits. If you do suffer an accident that manages to keep you out of your job for an extended time, then you will earn compensation. However, this compensation is not your entire income. Instead you collect approximately two-thirds of what you were earning at the time of the accident. 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 care provider says you can work with restrictions AND the Business is not able to accommodate those restrictions, you may get 64% of your earnings. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing work as a result of a work associated injury, you will lose wages. The greater your impairment, the more wages you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will definitely not be recovered.

So let's say you've cleared the hurdles of being a worker that's injured or hurt in the course and scope of your job by an injury that arose out of work, what do you receive? To remain entitled to lost wages, you must miss out a particular amount of work and the incapacity has to last a certain period of time. If you miss no more than a full week from your job, you're not going to get lost earnings. In addition if you have an injury that heals in less than three weeks, you're not qualified to temporary benefits. If you do sustain an accident that keeps you out of your job for a lengthy period of time, then you will earn compensation. On the other hand, this compensation is not your entire wage. Instead you receive roughly two-thirds of what you were earning at the time of the personal injury. If the medical professional says no work at all, at that time you get 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 receive 64% of your compensation. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no reimbursement. So bottom line is that if you are missing work because of a work associated accident, you will lose earnings. The longer your disability, the more paychecks you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will definitely not be recovered.

A further constraint on your chance to receive lost wages is that those benefits are only given for a certain period of time. Once you have acquired maximum medical improvement, which is the physicians way of suggesting you're good to go, you will not get anymore temporary benefits. Despite the fact that you have not gone back to work or your job is no longer available, your temporary benefits end. If you receive an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, although those benefits are less than the temporary and they are very short lived. They usually just last a matter of a few weeks or months. Only very few injured workers, the most severely injured, have a likelihood of obtaining long-term permanent benefits called permanent total disability.

If it pertains to medical care, your rights or benefits also have great limitations. If you have an injury that calls for critical care, at that point you can get that care without first obtaining Employer or workers' compensation carrier approval. Right after that initial medical care, who you see for medical treatment is not your choice. Your Employer or more frequently its workers compensation insurance carrier will notify you who you can treat with. If you don't like the physician they choose, then you may receive a one time change but that's it. Moreover, you don't get to pick that next medical professional either. One more time the workers comp insurance carrier picks the physician. You can get what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your health plan will not cover it.

One of the few positive aspects 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 complex system.

If you find yourself in the work compensation system, you're better off getting advice and possibly an attorney sooner rather than later. Mistakes made in the workers' compensation system could be difficult if not impossible to unwind. And a couple errors can guarantee the end of your case altogether. So if you have a workers' comp accident, consult with us promptly. The consultation is totally free, and you are under no commitment to hire us. Assuming 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!

We Don't Get Paid Unless You Recover

At Trial Pro, our traffic collision lawyers operate on a contingency fee basis. This means our firm covers the costs of reviewing, building, negotiating and litigating your lawsuit. We do not bill you a thing unless we recover compensation on your behalf. If we do not win your lawsuit, you will owe us absolutely nothing.

Our Coconut injury attorneys also offer no charge assessments to study the specifics of your claim and establish if you have a case. Arrange a Free Evaluation

If you or someone else you love has been hurt as a result of someone else's negligence or neglectfulness, you need a highly regarded lawyer by your side who is knowledgeable with the policies and laws in FL.

Our Coconut injury attorneys are experts in injury lawsuits and have been recognized by our peers for our success. A few of our lawyers have been named as Super Lawyers and prestigious litigators for their accomplishments in behalf of our clients.

We have recovered desirable judgments and settlements that contributed in assisting 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 deserve for your personal injuries.

Acquiring Compensation for Your Workplace Injury in Collier 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