After experiencing an accident in Orlando, the last thing you desire 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 optimal 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 hands 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 Edgewood. 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, Taft, Fort Myers, Ybor City, Saint Petersburg, Hendry County and more!
Frequently Asked Questions About Workers Compensation in Edgewood, 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 Edgewood Workers' Comp Lawyers Who Know How to Win Tough Lawsuits
Are you searching for a Workers' Compensation Law Firm near you? If you are injured or hurt, we understand you may not have the ability to visit our offices. Let us come to you!
Trial Pro, P.A. works with Floridians in a range of personal injury legal matters. Our practice areas include all forms of personal injuries; motor vehicle collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, truck accidents, construction injuries 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 areas like Lake Butler, Eatonville, Lake Buena Vista, Sunniland, Ochopee, North Fort Myers and all throughout Florida. Call our law firm for a complimentary and confidential assessment of your case.
Worker's Comp in FL is a legally required system of benefits that are accessible to most workers who are hurt at work. 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 neglectful in triggering an accident, moreover this does not exclude people from obtaining benefits. On the other hand your supervisor or colleague may possibly be negligent in causing the injury, and this particular does not qualify you to even more benefits. Work Comp is said for being equally 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 triggering the accident. It is a "shield" that safeguards Companies from having to pay laborers many of the damages that are available to non-employees who are hurt cause by the unfortunate incident.
Need to file a Workers' Compensation Claim? Talk with our Expert Edgewood Work Comp Lawyers To schedule your free initial assessment Call our office as soon as possible - 800-874-2577
This scenario portrays the "sword and shield" part of Work Comp. Let us's say Evan is a pretty reckless chef. He hardly focuses on what he's working on. He's heading out the back door on the job, hands loaded with waste, to put in the dumpster. As he runs down the illuminated staircases, he trips and collapses cracking his leg. His boss comes to his aid, and observes that Evan as usual was carrying way too much to be safe and his shoe laces were simply untied. You might actually think that Evan may not have a claim simply because his neglect triggered the unfortunate incident. However, you would be mistaken.
Edgewood businesses and residential or commercial property owners are legally accountable for looking after their properties and have to always keep it in a reasonably risk-free condition and caution occupants of any harmful conditions of which they are aware or need to be aware.
And now let's alter the facts just a little. Evan instead of being sloppy is remarkably diligent. He actually ties his no slip work shoes in double knots, certainly never races down the staircases, and under no circumstances brings a lot more than he should. Nevertheless his business manager has been fairly neglectful recently. The light source on the staircases burned out, and he knows that one of the steps is damaged and is a tripping hazard. Nonetheless he's too tied up to deal with that issue right now. As a result, Evan trips on the busted unlit staircase that his boss knew about, however failed to even bother to warn Evan about. If you assume that Evan can now file a claim against his manager or Workplace for negligence due to his manager's reckless practices, you would also be wrong. Reckless Evan has the same legal rights as a hurt employee as cautious Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in work comp.
So let's analyze who is eligible to these benefits in Florida. First of all, you need to be an employee. Independent contractors (or 1099 professionals) are not entitled to work comp benefits. As a rule, the company that you work for must be large enough to be required to carry worker's compensation benefits. In case there aren't a minimum of four staff members, then the Business isn't expected to carry worker's compensation insurance coverage unless it is a construction job Also, presently there are various occupations that usually are not covered in The Sunshine State under workers' compensation. Good examples of occupations that aren't covered are most real estate agents, owner-operators of semis, the majority of volunteers, and taxi drivers.
Just let's assume you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer injuries or have an accident at work? Just like many legal questions, the answer is that it depends. First off, the accident or injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially implies that some aspect of the job led to the accident. An example of a reasonably usual 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 experience a cardiac arrest in the middle of work hours, this specific is not likely going to count as a workers compensation accident. It may have taken place at work, but the job did not inflict the heart attack. Even if you have a very arduous job and you're boss has been harassing you non-stop and you feature a stroke due partially to the other psychological toll work takes on you, this is not going to be covered. The cardiac arrest, stroke, or other "internal failures " are regarded to be personal in character and unrelated to your work responsibilities. Subsequently the fact that the incident developed on the job is not sufficient. Exceptions to these exemptions arise if: (a) you are engaged in an unusual strain or exertion at the workplace, or (b) you are involved in an occupation where there is a probability that such activity is work-related - such as a law enforcement officer or fireman.
"In the course and scope of employment" is also required for an injury to be covered under workers' comp. In order to be in the course of employment, you actually have to be at work. If you have a car collision either on your way to work or on your way home, a large number of times those injuries are not going to be regarded as job related injuries. There are exceptions. To remain in the span of employment, you have to be engaging in something related to work or at least engaged in some kind of reasonable task the Company could have foreseen. If your job is to perform desk work in a business office but you injure or hurt yourself when you and your friend decide to have a race down the staircase to see who's in the best condition that personal injury is definitely not going to be considered work-related. You have unreasonably drifted from your job duties to the point that what you're doing during the time of trauma is no more sufficiently connected to work to be regarded as work-related.
Thus 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 obtain? To be entitled to lost wages, you must miss out a particular amount of workdays and the disability has to last a particular period of time. If you miss no more than a few days from your job, you're not going to collect lost wages. Also if you have a trauma that heals in less than three full weeks, you're not qualified to temporary benefits. If you do suffer an injury that keeps you out of work for a lengthy time, then you will earn compensation. Nevertheless, this remuneration is not your whole salary. Rather you collect about two-thirds of what you were earning at the time of the injury. If the physician says no work at all, then you get 66.67% of what you were making at the time of the accident. If the physician claims you can work with restrictions AND the Business is not able to accommodate those limitations, you may obtain 64% of your paycheck. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing your job as a result of a work-related injury, you will lose wages. The lengthier your injury, the more paychecks you can lose. Unless you settle your case eventually, those lost wages are gone for good and will certainly 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 injury that arose out of work, what do you receive? To remain entitled to lost wages, you must miss a certain amount of work and the disability has to last a certain period of time. If you miss barely a week from work, you're not going to be given lost wages. 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 an injury that places you out of job for an extended period of time, then you will get compensation. Nonetheless, this remuneration is not your whole salary. Rather you get about 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 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 Business is unable to accommodate those limitations, you may obtain 64% of your earnings. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you obtain 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 paychecks 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 chance to receive lost wages is that those benefits are just given for a certain period of time. As soon as you have reached maximum medical improvement, which is the doctors way of suggesting you're as good as you're going to get, you do not get anymore temporary benefits. Even when you have not returned to work or your position 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 typically just last a matter of a few work-weeks or months. Only very handful of injured workers, the most seriously injured, have a likelihood of getting long-term permanent benefits called permanent total disability.
When it pertains to medical care, your rights or benefits also have significant limitations. If you have injuries that entails urgent care, then you can get that care without first obtaining Workplace or workers' comp carrier approval. After that very first medical care, who you see for medical treatment is not your selection. Your Employer or more frequently its workers compensation insurance carrier will likely tell you who you can treat with. If you don't prefer the health care provider they pick, then you might receive a one time change but that's it. Plus, you don't get to select that next health care provider either. Again the work compensation insurance carrier picks the health professional. You can get 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.
At least one of the few beneficial elements of the health care is that you do not pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance provider is responsible for all other expenses of treatment including prescribed medication and physical therapy. Still as you have the ability to probably see already, workers' comp is not an ideal system. 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 could be troublesome if not impossible to unwind. And also some mistakes can signify the end of your case completely. So if you have a workers' comp accident, talk to us as soon as possible. The consultation is free of cost, and you are under no obligation to retain us. In case 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!
Our "No Fee Unless We Win" Policy
At Trial Pro, P.A., our personal injury attorneys operate on a contingency fee basis. That means we cover the costs of reviewing, building, negotiating and litigating your case. We do not bill you a thing unless our legal professionals recover compensation on your behalf. If we do not win your case, you will owe us nothing at all.
Our Edgewood injury legal professionals also provide no charge consultations to assess the specifics of your case and determine if you have a suit. Schedule a Free Evaluation
If you or somebody else you love has been injured because of someone else's negligence or neglectfulness, you need a renowned lawyer by your side who is familiar with the statutes and regulations in Florida.
Our Edgewood injury attorneys are experts in tort lawsuits and have been recognized by our peers for our success. Several of our legal professionals have been listed as Super Lawyers and notable litigators for their success in behalf of our clients.
We have recovered favorable judgments and compensations that contributed in helping 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 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
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