After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Orlando 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 Dr. Phillips. 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, Apopka, Azalea Park, Rio Pinar, Aloma, Sharpes and more!

Frequently Asked Questions About Workers Compensation in Dr. Phillips, 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 Dr. Phillips Work Compensation Lawyers Who Know How to Win Tough Proceedings

Are you searching for a Workers' Compensation Attorneys near you? If you are injured or hurt, we understand you may not have the ability to drop by our offices. Let us go to your place!

Trial Pro, P.A. works with Floridians in a variety of personal injury law matters. Our practice areas include all forms of personal injuries; automobile collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, 18-wheeler collisions, construction accidents and workplace injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to clients in areas such as Okahumpka, Altamonte Springs, Astor, Cape Coral South, Grove City, Collier County and all throughout Florida. Call our office for a free and confidential discussion of your case.

Worker's Comp in FL is a legally required system of benefits that are readily available to most workers who are injured 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 completely at fault or negligent in causing an accident, also this does not exclude individuals from collecting benefits. In contrast your workplace or colleague might be negligent in triggering the accident, and this particular does not qualify you to even more benefits. is said to be both a shield and a sword as for providing for benefits. It is a "sword" because your Boss can't defend against your claim by saying you were negligent in causing the accident. It is a "shield" that safeguards Companies from having to pay laborers a lot of the damages that are readily available to non-employees who are hurt after the unfortunate incident.

Need to file a Workers' Comp Claim? Talk with our Expert Dr. Phillips, FL Work Comp Lawyers Contact our office as soon as possible for the powerful representation you and your family needs - 800-874-2577

This situation portrays the "sword and shield" angle of Work Comp. Let's point out Evan is a pretty reckless chef. He barely focuses on what he's working on. He's heading out the back door at work, hands loaded with garbage, to toss in the dumpster. As he runs down the well-lighted stairways, he trips and collapses injuring his elbow. His employer goes to his aid, and sees that Evan once and again was transporting excessive amounts of waste to be safe and his shoe laces were untied. You might believe that Evan may not have a case just because his recklessness resulted in the unfortunate incident. But you'd be incorrect.

Dr. Phillips companies and residential or commercial property owners are by law accountable for taking care of their facilities and need to keep it in a within reason safe and sound condition and inform occupants of any unsafe conditions of which they are conscious or should be aware.

Now let's alter the facts slightly. Evan as opposed to being sloppy is exceptionally cautious. He consistently ties his no slip work shoes in repeated knots, certainly never races down the staircases, and by no means brings a lot more than he should. On the other hand his employer has been relatively neglectful recently. The light fixture on the stairways burned out, and he recognizes that one of the steps is damaged and is a tripping hazard. However he's too hectic to handle that issue at the moment. As a result, Evan trips on the damaged unlit stair that his boss knew about, however failed to even bother to caution Evan about. If you believe that Evan can possibly now take legal action against his boss or Workplace for negligence due to his boss's careless practices, you would also be wrong. Careless Evan has the exact same legal rights as a seriously injured laborer as meticulous Evan does. That may seem unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers comp.

So let's analyze who is entitled to these benefits in The Sunshine State. To start with, you need to be an employee. Independent contractors (or 1099 staff members) are not qualified to workers' compensation benefits. Secondly, the organization that you work for will need to be large enough to be required to hold worker's compensation benefits. If there are not a minimum of four employees, then the Business isn't required to hold worker's compensation insurance coverage unless it is a construction employment As well, there are a few jobs that aren't covered in FL under workers' compensation. Examples of occupations that are not covered are many real estate agents, owner-operators of trucks, the majority of volunteers, and taxi cab drivers.

Therefore, let's say you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you sustain an injury or have an accident at work? Like many legal issues, the answer is that it depends. Primarily, the calamity or personal injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence denotes that some element of the task led to the accident. An example of a reasonably regular injury instance at work that is not commonly a job related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack during work hrs, this is not most likely to count as a worker comp injury. It may have occurred at work, but the job did not cause the heart attack. Even if you have a very stressful career and you're supervisor has been harassing you non-stop and you have a stroke due in part to the other emotional toll work takes on you, this is not likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are contemplated to be personal in nature and unassociated to your job responsibilities. Consequently the fact that the event developed at the workplace is not sufficient. Exceptions to these exemptions emerge if: (a) you are engaged in an unusual strain or effort at work, or (b) you are involved in an employment where there is a probability that such activity is work-related - like a police officer or fireman.

"In the course and scope of employment" is also required for an injury to be covered under Workers' Compensation Benefits. In order to be in the course of employment, you really have to be at your job. If you have a auto crash either on your way to work or on your way home, a lot of instances those traffic collisionsare not going to be considered job related injuries. There are exceptions. To be in the span of employment, you have to be performing something related to work or at the very least engaged in some form of reasonable task the Company could have foreseen. If your employment is to do paperwork in an office space but you hurt yourself when you and your friend decide to have a run down the stairway to see who's in optimum shape that injury 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 the moment of accident is no more sufficiently connected to work to get considered work-related.

Thus let's claim that you've cleared the hurdles of being a worker that's injured 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 must miss out a particular amount of work and the incapacity has to last a certain period of time. If you skip less than a week or so from your job, you're not going to collect lost wages. In addition if you have a trauma that heals within three full weeks, you're not qualified to short-term benefits. If you do suffer a trauma that keeps you out of job for an extended period of time, then you will receive compensation. Unfortunately, this compensation is not your full salary. Rather you collect around two-thirds of what you were making at the time of the personal injury. If the medical professional says no work at all, at that time you receive 66.67% of what you were earning at the time of the injury. If the health care provider suggests you can work with restrictions AND the Company is unable to accommodate those limitations, you will obtain 64% of your paycheck. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing work as a result of a work-related injury, you will lose earnings. The lengthier your impairment, the more earnings you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will certainly not be recovered.

Thus let's claim that you've cleared the hurdles of being an employee 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 be entitled to lost wages, you must miss a certain amount of workdays and the injury has to last a certain period of time. If you miss out barely a full week 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 full weeks, you're not qualified to temporary benefits. If you do suffer an accident that keeps you out of your job for an extended time, then you will receive compensation. However, this compensation is not your full paycheck. Instead you obtain approximately two-thirds of what you were earning at the time of the personal injury. If the health professional says no work at all, at that time you get 66.67% of what you were earning at the time of the injury. If the doctor says you can work with limitations AND the Company is not able to accommodate those limitations, you will receive 64% of your salary. 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 work because of a work associated accident, you will lose wages. The longer your injury, the more wages you can lose. Unless you settle your case eventually, those lost wages are gone for good and will not be recovered.

A further restriction on your opportunity to obtain lost wages is that those benefits are only paid for a specific period of time. As soon as you have attained maximum medical improvement, which is the doctors way of pointing out you're on the right track now, you do not get anymore temporary benefits. Despite the fact that 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, but those benefits are less than the temporary and they are very short lived. They commonly just last a matter of a few work-weeks or months. Just very few injured employees, the most badly hurt, have a likelihood of getting long term permanent benefits called permanent total disability.

Every time it relates to medical care, your rights or benefits also have great constraints. If you have an injury that requires emergency care, at that point you can get that care without first getting Workplace or workers' comp provider authorization. Right after that initial treatment, who you see for health treatment is not your choice. Your Employer or often its workers compensation insurance carrier may inform you who you can treat with. If you don't prefer the health professional they choose, then you can receive a one time change but that's it. Plus, you don't get to choose that next doctor either. One more time 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 medical doctor expense. Your medical insurance will not pay for it.

One particular of the few positive elements of the medical care is that you do not pay for it period, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance provider is responsible for all other expenses of treatment including prescribed drugs and physical therapy. Still as you can probably see by now, workers' compensation is not a terrific program. It's also a complex system.

If you find yourself in the work compensation system, you're better off obtaining guidance and perhaps an attorney sooner rather than later. Mistakes made in the workers' compensation system may be tough if not impossible to unwind. And even certain mistakes can mean the end of your case completely. So if you have a workers' compensation injury, consult with us immediately. The advice is free of charge, and you are under no obligation to retain us. If 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 you!

No Fees or Expenses Unless You Win

At Trial Pro, our personal injury lawyers work on a contingency fee basis. This means we cover the costs of investigating, building, negotiating and litigating your claim. We do not bill you a thing unless our legal professionals recover compensation on your behalf. If we don't win your claim, you will owe us absolutely nothing.

Our Dr. Phillips injury lawyers also provide complimentary consultations to discuss the particulars of your case and determine if you have a lawsuit. Set Up a Free Examination

If you or somebody else you love has been injured as a result of someone else's negligence or carelessness, you need a highly regarded lawyer on your side who is familiar with the laws and regulations in FL.

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

We have recovered desirable verdicts and compensations that contributed in assisting our clients recover from their personal 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 Orange 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