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 East Lake. 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, Holden Heights, Campbell, Marco Island, Hillsborough County, Pineda and more!

Frequently Asked Questions About Workers Compensation in East Lake, 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 East Lake Work Comp Lawyers Who Know How to Win Challenging Suits

Are you trying to find a Workers' 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. Let us go to your place!

Trial Pro, P.A. works with Floridians in a range of personal injury legal matters. Our practice areas include all kinds of injuries; automobile collisions, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, tractor-trailer accidents, construction accidents and work comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic advice and counsel to people in cities such as Fairview Shores, Oakland, Avalon Park, Manatee County, Port Sutton, Safety Harbor and all over Florida. Get in touch with our law firm for a free and confidential discussion of how we can help.

Work Comp in FL is a legally required system of benefits that are readily available 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 responsible or negligent in triggering an injury, also this does not exclude people from collecting benefits. On the other hand your employer or coworker may possibly be negligent in causing the unfortunate incident, and this does not qualify you to extra benefits. Worker's Comp is said as being both a shield and a sword as for providing for benefits. It is a "sword" because your Workplace can't defend against your claim by saying you were negligent in causing the unfortunate incident. It is a "shield" that guards Companies from having to pay laborers many of the damages that are available to non-employees who are injured or hurt due to the accident.

Need to file a Work Compensation Claim? Talk with our Expert East Lake Work Comp Attorneys Call us Without delay and put our team of seasoned lawyers to work for you now - 800-874-2577

This situation explains the "sword and shield" angle of Worker's Comp. Let's suppose Evan is an extremely sloppy baker. He barely pays attention to what he's working on. He's going out the side door at the workplace, hands full of trash, to throw in the dumpster. As he races down the well-lighted staircases, he trips and collapses breaking his hand. His manager goes to his aid, and observes that Evan as is usual was carrying way too much to be safe and his shoe laces were simply untied. You might assume that Evan doesn't have a claim just because his neglect caused the personal injury. However you'd be not right.

East Lake companies and residential or commercial property owners are under legal standing responsible for taking care of their properties and must keep it in a reasonably safe condition and advise occupants of any dangerous conditions of which they are aware or need to be aware.

Now let's change the facts just a bit. Evan rather than being careless is tremendously mindful. He actually ties up his no slip shoes in repeated knots, under no circumstances runs down the staircases, and certainly never brings more than he can. But his business manager has been relatively neglectful recently. The light bulb on the staircases blown out, and he knows that one of the steps is broken and is a tripping risk. Nevertheless he's too tied up to address that problem at the moment. Consequently, Evan trips on the broken down unlit staircase that his boss knew of, and yet didn't even try to alert Evan about. If you presume that Evan can now take legal action against his manager or Employer for negligence due to his boss's reckless practices, you would most likely also be mistaken. Negligent Evan possesses the same legal rights as an injured worker as cautious Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore, let's analyze who is entitled to these types of benefits in The Sunshine State. To start with, you must be an employee. Independent contractors (or 1099 staff members) are not entitled to workers' compensation benefits. Also, the company that you work for has to be large enough to be required to hold work comp benefits. In the case that there are not at the very least four employees, then the Employer isn't expected to offer work comp insurance coverage except if it is a construction employment Also, there are specific occupations that aren't covered in Florida under workers' compensation. Some examples of occupations that aren't covered are the majority of real estate agents, owner-operators of eighteen-wheelers, the majority of volunteers, and taxi cab drivers.

Just let's state that you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident on the job? Just like many legal inquiries, the answer is that it depends. To start with, the accident or trauma must "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some element of the work led to the accident. A good example of a fairly frequent injury occurrence 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 sustain a heart attack in the course of work hours, this specific is not most likely to count as a workers compensation injury. It may have happened at work, but the job did not trigger the heart attack. Even if you have an extremely arduous 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 cardiac arrest, stroke, or other "internal failures " are regarded to be personal in character and unassociated to your job responsibilities. Because of this the fact that the calamity took place on the job is not sufficient. Exceptions to these exemptions emerge 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 an event 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 accident to be covered under Workers' Compensation Benefits. In order to be in the course of employment, you really have to be at work. If you have a car collision either on your way to work or on your way home, the majority of instances those traffic collisionsare not going to be considered job related accidents. There are exceptions. To remain in the range of employment, you need to be working on something related to work or at the very least engaged in some sort of reasonable task the Business could have anticipated. If your job is to do paperwork in an office but you injure yourself when you and your pal choose to have a race down the staircase to see who's in the very best condition that injury is not going to be considered work-related. You have unreasonably deviated from your work duties to the point that what you're doing at that time of injury is no longer sufficiently connected to work to get regarded as work-related.

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 accident that arose out of work, what do you get? To be entitled to lost wages, you have to miss a certain amount of work and the incapacity has to last a specific period of time. If you skip barely a week or so from work, you're not going to be given 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 suffer a personal injury that manages to keep you out of job for a prolonged period of time, then you will receive compensation. Nonetheless, this remuneration is not your whole paycheck. Instead you receive as much as two-thirds of what you were making at the time of the accident. If the doctor says no work at all, at that point you receive 66.67% of what you were earning at the time of the injury. If the doctor states you can work with limitations AND the Business is not able to accommodate those limitations, you will receive 64% of your wages. But if your employer 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 your job due to a work associated injury, you will lose wages. The lengthier your impairment, the more wages you can forfeit. Unless you settle your case at some time, those lost wages 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 accident that arose out of work, what do you obtain? To be entitled to lost wages, you will have to miss out a certain amount of work and the disability has to last a certain period of time. If you miss out barely a few days from your job, you're not going to receive lost wages. Additionally if you have a trauma that heals in just three full weeks, you're not entitled to short-term benefits. If you do suffer an injury that places you out of your job for a prolonged time, then you will earn compensation. Nonetheless, this compensation is not your full earnings. Instead you collect approx two-thirds of what you were earning at the time of the personal injury. If the health professional says no work at all, then you get 66.67% of what you were earning at the time of the injury. If the health care provider states you can work with limitations AND the Company is not able to accommodate those restrictions, you may get 64% of your paycheck. 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 your job due to a work associated injury, you will lose wages. The longer your impairment, the more paychecks you can lose. Unless you settle your case at some time, those lost paychecks are gone for good and will not be recovered.

A further restriction on your chance to earn lost wages is that those benefits are only given for a specific period of time. Once you have obtained maximum medical improvement, which is the health professionals way of stating you're on the right track now, you do not get anymore temporary benefits. Even when you have not come 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, however those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few weeks or calendar months. Only very handful of injured employees, the most seriously hurt, have a likelihood of acquiring long term permanent benefits called permanent total disability.

When it relates to medical care, your rights or benefits also have great constraints. If you have an injury that requires critical care, then you can get that care without first obtaining Employer or workers' comp insurance company authorization. Soon after that early medical care, who you see for health treatment is not your choice. Your Employer or more often its work compensation insurance provider are going to tell you who exactly you can treat with. If you don't like the doctor they select, then you might obtain a one-time change but that's it. On top of that, you don't have the ability to select that next health care provider either. Again the work compensation insurance carrier picks the physician. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor out of pocket. Your health plan 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 once you reach maximum medical improvement. The insurance provider is accountable for all other costs of medical care including prescribed drugs and physical therapy. Still as you have the ability to probably see now, workers' comp is not a terrific program. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off getting advice and possibly a lawyer sooner rather than later. Mistakes made in the workers' compensation system could be hard or even impossible to unwind. And also some errors can mean the end of your case completely. So if you have a workers' comp accident, speak to us right away. The advice is totally free, 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. Our firm only gets paid when we get benefits for you!

We Don't Get Paid Unless You Recover

At Trial Pro, P.A., our accident attorneys operate on a contingency fee basis. That means our firm cover the expenses of investigating, constructing, negotiating and litigating your claim. We do not bill you a single thing unless our lawyers recover compensation on your behalf. If we do not win your suit, you will pay us absolutely nothing.

Our East Lake injury legal professionals also offer no cost assessments to assess the details of your insurance claim and determine if you have a case. Set Up a Free Assessment

If you or someone you love has been hurt because of someone else's negligence or neglectfulness, you need a renowned lawyer on your side who is familiar with the laws and laws in Florida.

Our East Lake injury legal professionals are experts in injury litigation and have been acknowledged by our peers for our achievements. A few of our attorneys have been classified as Super Lawyers and prestigious litigators for their achievements on behalf of our clients.

We have recovered favorable verdicts and compensations that were instrumental in assisting 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 personal injuries.

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