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 Englewood Beach. 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, South Apopka, Dr. Phillips, Fort Myers, June Park and more!

Frequently Asked Questions About Workers Compensation in Englewood Beach, 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 Englewood Beach Workers' Comp Attorneys Who Know How to Win Challenging Cases

Are you searching for a Workers' Compensation Lawyers near you? If you are hurt, we understand you may not have the ability to visit our offices. Let us come to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury legal matters. Our practice areas include all kinds of personal injuries; motor vehicle accidents, motorcycle accidents, wrongful death claims, slip-and-fall accidents, large trucks accidents, construction accidents and workers compensation 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 areas such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and throughout Florida. Get in touch with our office for a complimentary and confidential assessment of your case.

Workers' compensation in Florida is a legally required system of benefits that are readily available to most workers who are hurt on the job. It is a no-fault system, meaning that for the most part negligence in the root cause of an accident is a non-issue. You can be totally at fault or neglectful in triggering an injury, and this does not disqualify you from collecting benefits. In contrast your employer or coworker can possibly be negligent in triggering the injury, and this particular does not qualify you to even more benefits. Workers' compensation is claimed to be equally a shield and a sword as far as providing for benefits. It is a "sword" because your Boss simply cannot defend against your claim by saying you were negligent in causing the unfortunate incident. It is a "shield" that gives protection to Employers from having to pay employees a lot of the damages that are readily available to non-employees who are injured after the accident.

Need to file a Workers' Comp Claim? Talk with our Expert Englewood Beach, FL Work Comp Attorneys Contact us for a complementary case appointment right now - 800-874-2577

This scenario portrays the "sword and shield" part of Worker's Comp. Let's claim that Evan is an extremely sloppy chef. He hardly pays attention to what he's doing. He's heading out the back door at work, hands loaded with waste, to put in the dumpster. As he rushes down the resplendent staircases, he trips and collapses damaging his arm. His employer comes to his aid, and sees that Evan as is usual was carrying excessive amounts of waste to be safe and his shoe laces were undone. You might probably expect that Evan doesn't have a claim because his negligence resulted in the injury. But you would be not right.

Englewood Beach, FL businesses and residential or commercial property owners are under legal standing accountable for maintaining their facilities and must always keep it in a within reason safe and secure condition and alert occupants of any harmful conditions of that they are aware or need to be aware.

Now let's change the facts just a little. Evan instead of being sloppy is remarkably vigilant. He actually ties up his no slip shoes in double knots, never ever hurries down the stairways, and never holds a lot more than he can. However, his manager has been somewhat slack lately. The light fixture on the staircases blown out, and he realizes that one of the steps is broken and is a tripping hazard. Nonetheless he's too hectic to deal with that problem right away. As a result, Evan trips on the worn out unlit stair that his boss knew of, however didn't even try to notify Evan about. If you think that Evan is able to now sue his manager or Workplace for negligence due to his boss's reckless practices, you would most likely also be mistaken. Reckless Evan possesses the exact same legal rights as an injured person as cautious Evan does. That may seem unfair, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore let's analyze who is eligible to these particular benefits in Florida. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not qualified to workers comp benefits. As a rule, the company that you work with will need to be big enough to be required to possess workers' comp benefits. If there are not at minimum four employees, then the Company isn't required to hold work comp coverage except if it is a building and construction employment As well, presently there are certain jobs that aren't covered in Florida under workers' compensation. Some examples of occupations that are not covered are nearly all real estate agents, owner-operators of semis, the majority of volunteers, and taxi cab drivers.

Just 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 sustain injuries or have an accident on the job? Just like many legal inquiries, the answer is that it depends. Primarily, the calamity or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence denotes that some aspect of the task triggered the accident. An example of a reasonably regular injury instance at work that is not commonly a work-related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during the course of work hrs, this is not really going to count as a worker comp injury. It may have occurred at work, but the work did not trigger the heart attack. Whether or not you have a very arduous job and you're boss has been harassing you relentlessly and you have a stroke due partly 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 considered to be personal in nature and unrelated to your job functions. For that reason the fact that the misfortune took place on the job is not good enough. Exceptions to these exclusions arise if: (a) you are involved in an unusual strain or effort on the job, or (b) you are involved in an employment 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 required for an injury to be protected under Workers Compensation. So as to be in the course of employment, you definitely have to be at your job. If you have a motor vehicle wreck either on your way to work or on your way home, the majority of instances those incidents are not going to be regarded as work-related injuries. There are exceptions. To be in the range of employment, you need to be conducting something related to work in other words at the very least engaged in some form of reasonable activity the Employer could possibly have anticipated. If your job is to do paperwork in an office but you hurt yourself when you and your buddy choose to have a race down the stairs to see who's in the best shape that personal injury is definitely not going to be considered work-related. You have foolishly deviated from your job duties to the point that what you're doing during the time of personal injury is no more sufficiently linked to work to be considered work-related.

So 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 get? To remain entitled to lost wages, you will have to miss a particular amount of workdays and the incapacity has to last a certain period of time. If you miss out less than a full week from work, you're not going to get lost earnings. In addition if you have an injury that heals within just three full weeks, you're not qualified to temporary benefits. If you do suffer a trauma that keeps you out of your job for a prolonged period of time, then you will receive compensation. On the other hand, this compensation is not your full earnings. Rather you obtain about two-thirds of what you were earning at the time of the accident. If the doctor says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the health care provider suggests you can work with limitations AND the Employer is not able to accommodate those limitations, you may obtain 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 reimbursement. So bottom line is that if you are missing your job because of a work-related accident, you will lose earnings. The lengthier your injury, the more earnings you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will not be recovered.

Thus let's say you've cleared the hurdles of being a worker that's hurt 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 certain amount of workdays and the injury has to last a specific period of time. If you miss out less than a full week from your job, you're not going to collect lost wages. At the same time if you have an injury that heals within just three weeks, you're not entitled to temporary benefits. If you do suffer an injury that manages to keep you out of job for a lengthy time, then you will receive compensation. Nonetheless, this remuneration is not your entire paycheck. Rather you collect approx two-thirds of what you were earning at the time of the injury. If the health care provider 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 medical professional says you can work with restrictions AND the Business is not able to accommodate those limitations, you may obtain 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 obtain no compensation. So bottom line is that if you are missing your job because of a work associated accident, you will lose earnings. The longer your injury, the more earnings you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.

A further limitation on your ability to earn lost wages is that those benefits are just given for a specific period of time. As soon as you have obtained maximum medical improvement, which is the physicians way of pointing out you're as good as you're going to get, you don't get any more temporary benefits. Even if you have not returned to work or your position is no more available, your temporary benefits end. If you get 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 commonly just last a matter of a few weeks or calendar months. Only very few injured workers, the most badly injured, have a likelihood of obtaining 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 injuries that requires emergency care, then you can get that care without first getting Workplace or workers' comp service provider authorization. Right after that early treatment, who you see for health treatment is not your selection. Your Employer or more frequently its work compensation insurance carrier are going to inform you who you can treat with. If you don't like the doctor they choose, then you may obtain a one-time change but that's it. Furthermore, you don't get to choose that next doctor either. Once again the work comp 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 health professional expense. Your health plan won't cover it.

One of the few positive aspects of the health 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 accountable for all other costs of medical care including prescribed medication and physical therapy. Still as you can probably see now, workers' compensation is not a perfect system. It's also a complicated system.

If you find yourself in the workers comp system, you're better off obtaining guidance and perhaps legal representation sooner rather than later. Errors made in the workers' compensation system might be hard or even impossible to unwind. And even a few mistakes can mean the end of your case completely. Therefore if you have a workers' comp injury, speak with us without delay. The advice is free, and you are under no obligation to retain us. In the event that you do retain us, you won't be out of pocket for any charges or costs. Our firm only gets paid when we get benefits for you!

No Fees Unless We Win

At Trial Pro, P.A., our collision lawyers work on a contingency fee basis. This means our experts cover the expenses of reviewing, building, negotiating and litigating your lawsuit. We do not charge you a single thing unless our attorneys recover compensation on your behalf. If we don't win your claim, you will owe us nothing at all.

Our Englewood Beach personal injury lawyers also offer cost-free assessments to study the aspects of your insurance claim and determine if you have a lawsuit. Set Up a Free Evaluation

If you or another person you love has been impaired due to someone else's negligence or carelessness, you need a good lawyer on your side who is knowledgeable with the laws and laws in Florida.

Our Englewood Beach personal injury lawyers are experts in accident lawsuits and have been acknowledged by our peers for our accomplishments. Several of our attorneys have been identified as Super Lawyers and prestigious litigators for their success on behalf of our clients.

We have recovered desirable verdicts and settlements that contributed in aiding 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