After experiencing an accident in Fort Myers, 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 Fort Myers law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Fort Myers lawyers hold a strong reputation for winning cases, and we do everything in our power to deliver the results you're expecting.
Are you struggling with a work-related injury? Are you concerned about the financial burden of medical bills and lost income? If so, you need an experienced worker's compensation lawyer. At Trial Pro, P.A., we understand the complexity of worker's compensation cases and have a proven track record of success in Estero, FL, and the surrounding areas.
Our team of skilled attorneys has extensive knowledge of the worker's compensation system, and we are dedicated to ensuring our clients get the compensation they deserve. We work tirelessly to help our clients navigate the legal process, providing guidance and support every step of the way.
Estero, FL, is in Lee County, Florida, a bustling community with over 33,000. Within this county, we serve several other cities, including Cape Coral, Fort Myers, Bonita Springs, and Naples. Our attorneys are well-versed in Florida's worker's compensation laws and are prepared to represent clients in Lee County and the surrounding areas.
Workers' compensation cases can be complicated, but with the assistance of a skilled attorney, you can receive the compensation you are entitled to by law. If you have suffered an injury on the job, it is essential to immediately report the incident to your employer and seek medical attention immediately. Once you have received medical treatment, contact Trial Pro, P.A., to discuss your case.
Our attorneys will help you understand your rights under Florida law and guide you through each step of the legal process. We will fight for your rights and ensure the insurance company provides a fair settlement for your injuries.
If your employer or insurance company is fighting your claim, our attorneys will be prepared to go to court to ensure you receive the compensation you deserve. At Trial Pro, P.A., we have the experience, knowledge, and dedication to pursue your case and win aggressively.
Our mission is to provide top-notch legal representation while holding those responsible for your injuries accountable for their actions. We will fight to get you the compensation you deserve, so you can focus on healing and returning to your everyday life.
If you have been injured in Estero, FL, or the surrounding areas, you need an experienced worker's compensation lawyer. At Trial Pro, P.A., we have the knowledge and dedication to fight for your rights and get you the compensation you deserve. Contact us today to schedule a free consultation.
Florida Workers Compensation covers all types of workplace injuries, from minor to severe. These injuries include but are not limited to back injuries, slip and fall injuries, repetitive motion injuries, and occupational illnesses such as asthma and respiratory conditions. If you have suffered a work-related injury, you are entitled to a range of benefits, including medical treatment, wage loss compensation, and disability benefits.
Our law firm serves injured workers in Estero, FL, and nearby cities such as Fort Myers, Naples, and Bonita Springs. We understand that the process of obtaining benefits can be overwhelming, even after a minor injury. That is why we are committed to offering personalized legal services to our clients to support their unique needs and challenges.
At Trial Pro, P.A., we work closely with our clients to ensure they receive benefits, from the initial application process to litigation. We will work closely with your employer and insurance company to maximize your compensation and protect your rights.
If you or a loved one has sustained a work-related injury, we invite you to contact our law firm today. We offer a free initial consultation, where we will discuss your case and provide you with guidance and support. Please do not hesitate to call our law firm today to schedule an appointment with one of our experienced and compassionate attorneys.
Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in Estero. 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, Citrus Ridge, Holden Heights, Oak Ridge, Pinellas County, Buckingham and more!
Frequently Asked Questions About Workers Compensation in Estero, 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 Estero Workers' Compensation Attorneys Who Know How to Succeed In Challenging Lawsuits
Are you searching for a Workers' Comp Law Firm near you? If you are injured, we recognize you may not be able to visit our offices. Let us come to your place!
Trial Pro, P.A. represents Floridians in a variety of personal injury legal matters. Our practice areas include all kinds of accidents; auto accidents motorcycle accidents, wrongful death claims, slip-and-fall accidents, truck accidents, construction injuries and workers compensation 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 Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and across Florida. Call our firm for a complimentary and confidential discussion of how we can help.
Workers' compensation in Estero is a legally required system of benefits that are readily available to most people who are injured or hurt 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 causing an accident, also this does not disqualify individuals from obtaining benefits. In contrast your manager or coworker could be negligent in causing the injury, and this particular does not qualify you to additional benefits. Workers' compensation is claimed for being equally a shield and a sword as far as providing for benefits. It is a "sword" in that your employer can't defend against your claim by saying you were negligent in causing the injury. It is a "shield" that safeguards Companies from having to pay staff members many of the damages that are accessible to non-employees who are hurt cause by the accident.
Need to file a Workers' Compensation Claim? Talk with our Expert Estero Work Compensation Lawyers Contact our office Today to schedule a totally free consultation - 800-874-2577
This good example exposes the "sword and shield" side of Worker's Comp. Let's say Evan is a remarkably reckless cook. He barely keeps an eye on what he's working on. He's going out the back entrance at the workplace, hands packed with waste, to put in the dumpster. As he rushes down the unobscured stairs, he trips and collapses snapping his talus. His manager comes to his aid, and notices that Evan as is the custom was transporting way too much to be safe and his shoelaces were actually untied. You might actually expect that Evan does not have a case simply because his negligence resulted in the unfortunate incident. Yet you would be mistaken.
Estero, FL companies and home owners are under legal standing responsible for looking after their premises and must keep it in a within reason safe and secure condition and advise occupants of any hazardous conditions of that they are conscious or need to be aware.
And now let's alter the facts just a little. Evan as opposed to being reckless is quite conscientious. He consistently ties his no slip boots in repeated knots, never ever runs down the staircases, and under no circumstances transports more than he can. However, his office manager has been somewhat neglectful lately. The illumination on the staircases burned out, and he realizes that one of the steps is damaged and is a tripping risk. Nonetheless he's too tied up to handle that issue now. As a result, Evan trips on the broken unlit stair that his employer knew about, however failed to even bother to alert Evan about. If you expect that Evan can easily now take legal action against his boss or Employer for negligence as a result of his manager's careless practices, you would also be mistaken. Careless Evan has the exact same legal rights as a hurt person as vigilant Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in work comp.
Therefore, let's examine who is entitled to these particular benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers comp benefits. Secondly, the organization that you work with needs to be big enough to be required to hold work comp benefits. On the assumption that there aren't at the very least four workers, then the Employer isn't obligated to offer workers' comp insurance coverage except if it is a construction job As well, there are various occupations that usually are not protected in The Sunshine State under work comp. Examples of occupations that are not covered are the majority of real estate agents, owner-operators of eighteen-wheelers, almost all volunteers, and taxi drivers.
Therefore, 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 suffer an injury or have an accident at the workplace? Like many legal inquiries, the answer is that it depends. To begin with, the accident or trauma has to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence implies that some element of the job led to the accident. An example of a fairly frequent injury occurrence at work that is not frequently a work-related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest during work hrs, this specific is not likely going to count as a worker comp injury. It may have taken place at work, but the job did not inflict the cardiac arrest. Even if you have a very stressful 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 contemplated to be personal in character and not related to your job responsibilities. Because of this the fact that the incident developed on the job is not sufficient. Exceptions to these exclusions emerge if: (a) you are engaged in an unusual stress or effort on the job, or (b) you are involved in a line of work where there is a probability that such an event is work-related - such as a law enforcement officer or fire fighter.
"In the course and scope of employment" is required for an accident to be protected under Workers Compensation Insurance. To be in the course of employment, you really have to be at your job. If you have a car or truck crash either on your way to work or on your way home, a large number of instances those car accidents are not going to be regarded as job related accidents. There are exceptions. To be in the scope of employment, you have to be conducting a task related to work or even at the very least engaged in some form of reasonable activity the Business could possibly have anticipated. If your position is to do paperwork in an office space but you injure yourself when you and your pal decide to have a race down the staircase to see who's in the very best shape that accident is definitely not going to be considered work-related. You have unreasonably deviated from your job duties to the point that what you're doing at the time of accident is no longer sufficiently connected to work to get regarded as work-related.
So 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 accident that arose out of work, what do you get? To be entitled to lost wages, you will have to miss a particular amount of work and the disability has to last a particular period of time. If you miss out less than a week from work, you're not going to be given lost earnings. In addition if you have an injury that heals in less than three full weeks, you're not qualified to temporary benefits. If you do sustain an injury that manages to keep you out of work for a lengthy period of time, then you will get compensation. However, this remuneration is not your whole wage. Instead you collect around two-thirds of what you were making at the time of the accident. If the health professional says no work at all, then you get 66.67% of what you were earning at the time of the accident. If the physician suggests you can work with limitations AND the Business is not able to accommodate those limitations, you will obtain 64% of your pay. 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 due to a work associated accident, you will lose wages. The greater your injury, the more earnings you can forfeit. Unless you settle your case at some point, those lost wages are gone for good and will not be recovered.
So 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 injury that arose out of work, what do you obtain? To be entitled to lost wages, you must miss a particular amount of workdays and the disability has to last a specific period of time. If you skip less than a few days from work, you're not going to be given lost earnings. In addition if you have an injury that heals within just three weeks, you're not qualified to temporary benefits. If you do suffer an injury that manages to keep you out of work for a prolonged time, then you will earn compensation. Unfortunately, this remuneration is not your whole income. Rather you get about 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 point you receive 66.67% of what you were earning at the time of the accident. If the doctor claims you can work with limitations AND the Employer is unable to accommodate those restrictions, you will get 64% of your income. But if your employer 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 due to a work associated accident, you will lose earnings. The greater your injury, the more wages you can forfeit. Unless you settle your case at some point, those lost paychecks are gone for good and will certainly not be recovered.
A further restriction on your chance to obtain lost wages is that those benefits are only given for a particular period of time. As soon as you have reached maximum medical improvement, which is the health professionals way of stating you're on the right track now, you will not get anymore 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 injury, you will receive permanent impairment benefits, however 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 handful of injured workers, the most seriously injured, have a likelihood of obtaining long term permanent benefits called permanent total disability.
If it comes to medical care, your rights or benefits also have significant constraints. If you have injuries that calls for critical care, at that point you can get that care without first obtaining Company or workers' compensation carrier authorization. Shortly after that initial treatment, who you see for medical treatment is not your choice. Your Employer or more often its work comp insurance carrier may notify you exactly who you can treat with. If you don't like the medical professional they pick, then you may receive a one-time change but that's it. Additionally, you don't have the ability to choose that next physician either. Again the work compensation insurance provider picks the physician. 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 insurance will not pay for it.
At least one of the few positive elements of the medical care is that you don't pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is accountable for all other expenses of medical care including prescribed medicine and physical therapy. Still as you have the ability to probably see by now, workers' compensation is not a terrific program. It's also a complex system.
If you find yourself in the workers compensation system, you're better off getting guidance and perhaps legal representation sooner rather than later. Errors made in the workers' compensation system may be hard if not impossible to unwind. Moreover a few mistakes can guarantee the end of your case completely. So if you have a workers' comp injury, contact us without delay. The consultation is free of charge, and you are under no obligation to retain us. On the assumption 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 Fees or Expenses Unless You Win
At Trial Pro, our collision attorneys work on a contingency fee basis. That means our experts cover the costs of researching, constructing, negotiating and litigating your lawsuit. We do not bill you a single thing unless our lawyers recover compensation on your behalf. If we don't win your insurance claim, you will owe us nothing at all.
Our Estero injury legal professionals also offer completely free assessments to evaluate the elements of your claim and establish if you have a case. Set Up a Free Evaluation
If you or another person you love has been injured because of someone else's negligence or carelessness, you need a reliable attorney by your side who is familiar with the policies and regulations in The Sunshine State.
Our Estero injury lawyers are skilled in accident lawsuits and have been recognized by our peers for our successes. A few of our lawyers have been listed as Super Lawyers and prestigious litigators for their success in behalf of our clients.
We have recovered desirable verdicts and compensations that were instrumental in enabling our clients recover from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve for your traumas.
Acquiring Compensation for Your Workplace Injury in Lee 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