After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire maximum 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 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 Fairview Shores. 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, Horizons West, Palm Bay, Arcadia, Winter Garden, Astor and more!

Frequently Asked Questions About Workers Compensation in Fairview Shores, 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 Fairview Shores Work Compensation Lawyers Who Know How to Succeed In Tough Proceedings

Are you trying to find a Workers' Comp Attorneys near you? If you are injured or hurt, we recognize you may not have the ability to drop by 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 forms of personal injuries; auto accidents, motorcycle collisions, wrongful death claims, slip-and-fall accidents, truck collisions, construction injuries and workplace injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to clients in areas like Lockhart, Forest City, Wedgefield, Kendall, El Jobean, Lake Suzy and all over Florida. Get in touch with our office for a complimentary and confidential discussion of your case.

Worker's Comp in FL is a legally required system of benefits that are 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 totally at fault or neglectful in leading to an accident, also this does not disqualify individuals from collecting benefits. On the other hand your boss or colleague could be negligent in leading to the unfortunate incident, and this does not entitle you to even more benefits. Workers' compensation is claimed for being simultaneously 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 protects Employers from having to pay laborers many of the damages that are available to non-employees who are hurt due to the accident.

Need to file a Workers' Compensation Claim? Talk with our Expert Fairview Shores, Florida Workers' Compensation Attorneys Contact us as soon as possible for a free consultation - 800-874-2577

This scenario depicts the "sword and shield" aspect of Worker's Comp. Let us's claim that Evan is a very sloppy cook. He barely pays attention to what he's doing. He's heading out the back entrance at work, hands packed with trash, to put in the dumpster. As he rushes down the unobscured stairs, he slips and falls down snapping his tibia. His boss comes to his aid, and notices that Evan once and again was carrying way too much to be safe and his shoe laces were undone. You might probably expect that Evan doesn't have a case just because his negligence triggered the injury. But you would be incorrect.

Fairview Shores businesses and property owners are under legal standing responsible for taking care of their facilities and have to keep it in a reasonably risk-free condition and warn occupants of any harmful conditions of that they are aware or should be aware.

Now let's change the facts slightly. Evan rather than being sloppy is tremendously cautious. He always ties up his no slip work shoes in repeated knots, not ever races down the staircases, and never brings a lot more than he should. But his manager has been somewhat neglectful in recent times. The light on the staircases blown out, and he knows that one of the steps is broken and is a tripping risk. Nonetheless he's too busy to address that problem now. Consequently, Evan trips on the cracked dark staircase that his manager knew about, however didn't even bother to inform Evan about. If you feel that Evan can now sue his manager or Employer for negligence due to his manager's careless actions, you would also be off-target. Careless Evan has the same rights as a hurt worker as careful Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers comp.

Therefore, let's examine who is entitled to these types of benefits in Florida. First of all, you must be an employee. Independent contractors (or 1099 staff members) are not qualified to workers comp benefits. As a rule, the business that you work for will need to be large enough to be required to carry workers' comp benefits. In case there aren't at the very least four staff members, then the Employer isn't expected to hold work comp insurance unless it is a construction job Also, there are various jobs that usually are not covered in Florida under work comp. Cases of jobs that are not covered are almost all real estate agents, owner-operators of semis, almost all volunteers, and taxi drivers.

Therefore, let's assume you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident at the workplace? Like many legal inquiries, the answer is that it depends. Primarily, the calamity or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some element of the work caused the accident. An example of a reasonably frequent injury instance at the workplace that is not frequently a work-related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest during the course of work hrs, this specific is not most likely to count as a worker comp injury. It may have happened at work, but the job did not cause the cardiac arrest. Even if you have a very arduous career and you're supervisor has been harassing you non-stop 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 regarded to be personal in nature and irrelevant to your work duties. For that reason the simple fact that the calamity happened on the job is not sufficiently. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in a line of work where there is a presumption that such activity is work-related - which include a law enforcement officer or fireman.

"In the course and scope of employment" is in addition required for an accident to be protected under Workers Compensation Insurance. So as to be in the course of employment, you actually have to be at your job. If you have a auto wreck either on your way to work or on your way home, a large number of instances those accidents are not going to be regarded as job related injuries. There are exceptions. To remain in the span of employment, you have to be conducting something related to work or at least engaged in some sort of reasonable task the Business could have foreseen. If your employment is to perform desk work in an office space but you injure yourself when you and your friend choose to have a race down the stairs to see who's in optimum condition that personal injury is definitely not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at the moment of personal injury is no longer sufficiently connected to work to get regarded as work-related.

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 particular amount of workdays and the injury has to last a particular period of time. If you miss no more than a full week from your job, you're not going to get lost wages. Additionally if you have an injury that heals in less than three weeks, you're not qualified to temporary benefits. If you do sustain an accident that keeps you out of work for a prolonged time, then you will earn compensation. On the other hand, this compensation is not your entire earnings. Instead you receive approximately two-thirds of what you were making at the time of the injury. If the health professional says no work at all, then you receive 66.67% of what you were earning at the time of the injury. If the doctor states you can work with restrictions AND the Employer is unable to accommodate those restrictions, you will get 64% of your earnings. 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-related injury, you will lose earnings. The longer your disability, the more paychecks you can lose. Unless you settle your case at some time, those lost paychecks are gone for good and will certainly not be recovered.

Therefore, 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 remain entitled to lost wages, you must miss out a certain amount of workdays and the disability has to last a specific period of time. If you skip no more than a full week from your job, you're not going to be given lost earnings. At the same time if you have a trauma that heals within just three weeks, you're not qualified to short-term benefits. If you do suffer a personal injury that keeps you out of your job for a prolonged time, then you will receive compensation. Having said that, this remuneration is not your entire salary. Rather you collect approx two-thirds of what you were earning at the time of the accident. If the health professional says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the physician states you can work with restrictions AND the Business is unable 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 receive no reimbursement. So bottom line is that if you are missing work due to a work-related accident, you will lose earnings. The greater your disability, the more earnings you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.

A further restriction on your ability to receive 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 physicians way of stating you're good to go, you don't get any more temporary benefits. Even if you have not gone back to work or your job is no longer available, your temporary benefits end. If you get an impairment rating due to a permanent injury, you will receive permanent impairment benefits, although those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few weeks or calendar months. Only very handful of injured employees, the most badly hurt, have a chance 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 an injury that requires critical care, at that point you can get that care without first getting Employer or workers' comp carrier approval. Following that very first medical care, who you see for health care is not your choice. Your Employer or more often its work compensation insurance company will likely inform you who exactly you can treat with. If you don't like the health professional they select, then you can obtain a one time change but that's it. Furthermore, you don't have the ability to pick that next medical professional either. Once again the work compensation 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 physician out of pocket. Your medical insurance won't cover it.

One of the few positive aspects of the health care is that you do not pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is responsible for all other costs of treatment including prescription drugs and physical therapy. Still as you have the ability to probably see by now, workers' comp is not a terrific program. It's also a complicated system.

If you find yourself in the work compensation system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Mistakes made in the workers' comp system may be hard if not impossible to unwind. And also certain errors can mean the end of your case altogether. So if you have a workers' compensation accident, speak to us right away. The advice is free, and you are under no obligation to hire us. In case you do hire us, you won't be out of pocket for any expenses or costs. Our firm only gets paid when we get benefits for our clients!

No Fees or Expenses Unless You Win

At Trial Pro, our car accident lawyers work on a contingency fee basis. That means we cover the expenses of investigating, building, negotiating and litigating your lawsuit. We do not bill you anything unless we recover compensation on your behalf. If we don't win your claim, you will owe us nothing at all.

Our Fairview Shores personal injury lawyers also provide free consultations to examine the particulars of your case and determine if you have a suit. Arrange a Free Evaluation

If you or somebody else you love has been injured as a result of someone else's negligence or neglectfulness, you need a reputable lawyer by your side who is knowledgeable with the laws and laws in The Sunshine State.

Our Fairview Shores personal injury lawyers are well-versed in accident lawsuits and have been recognized by our peers for our success. A few of our attorneys have been named as Super Lawyers and distinguished litigators for their accomplishments in behalf of our clients.

We have recovered favorable judgments and settlements 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 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

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