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 East Dunbar. 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, Brandon, Lake Nona, Cape Coral, Port Canaveral, Vineyards and more!

Frequently Asked Questions About Workers Compensation in East Dunbar, 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 East Dunbar Workers' Compensation Attorneys Who Know How to Succeed In Challenging Cases

Are you trying to find a Work Compensation Attorneys near you? If you are injured or hurt, we understand you may not have the ability to pay a visit to our offices. If you're not able to come to our office, our firm can come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury legal matters. Our practice areas include all types of personal injuries; car accidents, motorcycle accidents, wrongful death cases, slip-and-fall injuries, semi accidents, construction injuries and workers comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic advice and counsel to clients in areas like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and throughout Florida. Get in touch with our firm for a complimentary and confidential discussion of your case.

Workers' compensation 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 cause of an accident is a non-issue. You can be entirely at fault or negligent in causing an injury, also this does not exclude individuals from receiving benefits. In contrast your manager or colleague can be negligent in leading to the unfortunate incident, and this particular does not qualify you to additional benefits. Work Comp is said as being equally a shield and a sword as far as providing for benefits. It is a "sword" in that your Boss can not defend against your claim by saying you were negligent in creating the accident. It is a "shield" that safeguards Employers from having to pay employees many of the damages that are readily available to non-employees who are injured after the accident.

Need to File a Workers' Compensation Claim? Talk with our Expert East Dunbar, FL Work Comp Attorneys Contact us Right away - 800-874-2577

This scenario portrays the "sword and shield" aspect of Worker's Comp. Let us's suppose Evan is a very sloppy baker. He hardly focuses on what he's working on. He's heading out the back entrance on the job, hands packed with trash, to put in the dumpster. As he rushes down the well-lit stairs, he slips and falls down fracturing his forearm. His boss goes to his aid, and observes that Evan as is the custom was carrying way too much to be safe and his shoe laces were actually untied. You might actually assume that Evan does not have a claim because his carelessness induced the accident. Yet you would be mistaken.

East Dunbar companies and home owners are under legal standing accountable for taking care of their facilities and need to keep it in a reasonably safe condition and inform occupants of any harmful conditions of that they are conscious or need to be aware.

And now let's change the facts just a little. Evan rather than being reckless is very vigilant. He always ties up his no slip work shoes in double knots, certainly never runs down the staircases, and under no circumstances brings a lot more than he can. However his manager has been fairly neglectful recently. The illumination on the staircases blown out, and he knows that one of the steps is damaged and is a tripping hazard. Then again he's too busy to deal with that problem at the moment. Consequently, Evan trips on the faulty unlit staircase that his boss knew of, but failed to even bother to tell Evan about. If you presume that Evan can now file a claim against his manager or Employer for negligence due to his boss's reckless actions, you would most likely also be wrong. Careless Evan possesses the very same legal rights as an injured person as meticulous Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore let's examine who is eligible to these benefits in Florida. First of all, you must be an employee. Independent contractors (or 1099 workers) are not entitled to workers comp benefits. Additionally, the company that you work for needs to be large enough to be required to bear worker's compensation benefits. In case there aren't a minimum of four workers, then the Business isn't required to carry worker's compensation insurance coverage unless it is a building and construction job Also, presently there are various roles that usually are not covered in The Sunshine State under workers' compensation. Good examples of occupations that are not covered are the majority of real estate agents, owner-operators of semis, almost all volunteers, and taxi drivers.

Just let's state that you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident on the job? Like many legal issues, the answer is that it depends. To begin with, the calamity or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially denotes that some aspect of the job caused the accident. A good example of a relatively regular injury occurrence at work that is not usually 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 middle of work hours, this particular is not really going to count as a worker comp accident. It may have taken place at work, but the work did not inflict the heart attack. Whether or not you have an extremely demanding career and you're supervisor has been harassing you relentlessly and you have a stroke due in part to the other emotional toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are considered to be personal in character and unconnected to your job responsibilities. For that reason the fact that the calamity developed at work is not sufficient. Exceptions to these exemptions emerge if: (a) you are engaged in an unusual strain or exertion at the workplace, or (b) you are involved in an employment where there is a anticipation that such activity is work-related - like a law enforcement officer or fireman.

"In the course and scope of employment" is required for an accident to be covered under workers comp. So as to be in the course of employment, you genuinely have to be at work. If you have a car wreck either on your way to work or on your way home, the majority of the times those unfortunate incidents are not going to be regarded as job related accidents. There are exceptions. To be in the scope of employment, you must be doing something related to work or at least engaged in some kind of reasonable activity the Business could have foreseen. If your employment is to perform paperwork in an office but you injure yourself when you and your colleague decide to have a run down the stairway to see who's in optimum shape that accident 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 during the time of accident is no longer sufficiently connected to work to be considered work-related.

Thus let's say 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 get? To be entitled to lost wages, you have to miss a certain amount of workdays and the incapacity has to last a certain period of time. If you skip no more than a week from your job, you're not going to be given lost wages. At the same time if you have an injury that heals within three weeks, you're not qualified to temporary benefits. If you do sustain an accident that keeps you out of your job for an extended period of time, then you will get compensation. Having said that, this compensation is not your full salary. Rather you get approximately two-thirds of what you were earning at the time of the personal injury. If the health care provider says no work at all, at that point you receive 66.67% of what you were making at the time of the accident. If the health care provider suggests you can work with limitations AND the Employer is unable to accommodate those restrictions, you may receive 64% of your wages. 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 because of a work associated accident, you will lose wages. The longer your impairment, the more earnings you can lose. Unless you settle your case at some point, those lost wages are gone for good and will certainly not be recovered.

Therefore, 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 accident that arose out of work, what do you receive? To be entitled to lost wages, you must miss out a particular amount of work and the disability has to last a specific period of time. If you miss no more than a few days from your job, you're not going to collect lost earnings. At the same time if you have a trauma that heals within three full weeks, you're not qualified to short-term benefits. If you do sustain an accident that manages to keep you out of job for a lengthy time, then you will get compensation. Nonetheless, this compensation is not your whole salary. Instead you get as much as two-thirds of what you were making at the time of the injury. If the doctor 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 doctor claims you can work with limitations AND the Business is not able to accommodate those restrictions, you may receive 64% of your earnings. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you obtain no reimbursement. So bottom line is that if you are missing work due to a work-related accident, you will lose wages. The greater your impairment, the more earnings you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will definitely not be recovered.

A further restriction on your opportunity to get lost wages is that those benefits are just paid for a specific period of time. Once you have acquired maximum medical improvement, which is the doctors way of saying you're good to go, you will not get any more temporary benefits. Despite the fact that you have not returned to work or your job is no more available, your temporary benefits end. If you receive 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 commonly just last a matter of a few weeks or months. Only very few injured employees, the most badly hurt, have a chance of acquiring long-term permanent benefits called permanent total disability.

When it comes down to medical care, your rights or benefits also have big limitations. If you have injuries that calls for emergency care, at that point you can get that care without first acquiring Workplace or workers' compensation carrier authorization. Right after that very first treatment, who you see for medical treatment is not your choosing. Your Employer or more frequently its work compensation insurance carrier may inform you who exactly you can treat with. If you don't prefer the physician they pick, then you may get a one-time change but that's it. In addition, you don't have the ability to select that next physician either. Again the workers comp insurance carrier picks the medical professional. 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 will not cover it.

One particular of the few beneficial aspects of the medical care is that you don't pay for it at all, other than a $10 copayment once you reach maximum medical improvement. The insurance company is responsible for all other expenses of treatment including prescription medicine and physical therapy. Still as you can probably see by now, workers' compensation is not an excellent system. It's also a complex system.

If you find yourself in the workers compensation system, you're better off obtaining guidance and perhaps legal representation sooner rather than later. Mistakes made in the workers' comp system can be challenging if not impossible to unwind. Moreover some errors can guarantee the end of your case altogether. So if you have a workers' comp accident, consult with us immediately. The advice is free of charge, and you are under no obligation to hire us. In the case 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 you!

No Fee Unless We Win or Settle!

At Trial Pro, P.A., our accident lawyers operate on a contingency fee basis. This means our firm cover the expenses of reviewing, building, negotiating and litigating your insurance claim. We do not bill you a thing unless our legal professionals recover compensation on your behalf. If we do not win your lawsuit, you will owe us nothing at all.

Our East Dunbar personal injury legal professionals also offer absolutely free consultations to assess the details of your claim and determine if you have a case. Schedule a Free Consultation

If you or someone else you love has been hurt due to someone else's negligence or carelessness, you need a reliable attorney on your side who is knowledgeable with the laws and laws in Florida.

Our East Dunbar injury attorneys are skilled in accident lawsuits and have been acknowledged by our peers for our achievements. Some of our legal professionals have been named as Super Lawyers and notable litigators for their achievements on behalf of our clients.

We have recovered desirable judgments and compensations that were instrumental in helping our clients to bounce back from their 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 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