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Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in Forest City. 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, Oldsmar, Poinciana, Arcadia, Campbell, Kenansville and more!
Frequently Asked Questions About Workers Compensation in Forest City, 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 Forest City Work Comp Attorneys Who Know How to Succeed In Challenging Claims
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Trial Pro, P.A. works with Floridians in a range of personal injury judicial matters. Our practice areas include all sorts of personal injuries; car accidents, motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, eighteen-wheeler accidents, construction injuries 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 areas like Horizons West, Ocoee, Kenansville, East Naples, Vineyards, Lake Harbor and all throughout Florida. Get in touch with our office for a free of cost and confidential assessment of your case.
Worker's Comp in Florida is a legally required system of benefits that are available to most employees who are injured at work. It is a no-fault system, meaning that for the most part negligence in the root cause of an injury is a non-issue. You can be completely at fault or neglectful in leading to an injury, moreover this does not disqualify individuals from receiving benefits. In contrast your boss or coworker can possibly be negligent in causing the accident, and this does not qualify you to more benefits. Workers' compensation is claimed for being simultaneously 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 injury. It is a "shield" that gives protection to Companies from having to pay laborers many of the damages that are readily available to non-employees who are hurt due to the accident.
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This example clarifies the "sword and shield" aspect of workers' compensation. Let us's point out Evan is a considerably sloppy baker. He rarely cares about what he's doing. He's heading out the back door at the workplace, hands packed with waste, to put in the dumpster. As he races down the well-lighted stairs, he slips and falls down cracking his wrist. His supervisor goes to his aid, and sees that Evan as is the custom was transporting excessive amounts of trash to be safe and his shoelaces were actually untied. You might think that Evan may not have a case because his negligence caused the injury. Yet you would be incorrect.
Forest City businesses and residential or commercial property owners are legally liable for looking after their facilities and need to keep it in a reasonably safe and secure condition and warn occupants of any unsafe conditions of which they are aware or should be aware.
And now let's change the facts to some extent. Evan rather than being careless is remarkably vigilant. He actually ties up his no slip shoes in repeated knots, certainly never runs down the stairs, and by no means holds a lot more than he should. However, his business manager has been somewhat neglectful in recent times. The light on the stairs burned out, and he knows that one of the steps is fractured and is a tripping hazard. Nonetheless he's too busy to handle that problem right now. Consequently, Evan trips on the defective dark stairway that his employer knew about, and yet failed to even bother to notify Evan about. If you think that Evan can now file suit his manager or Workplace for negligence due to his boss's careless practices, you would likely also be mistaken. Reckless Evan possesses the very same rights as a seriously injured worker as vigilant Evan does. That may appear not fair, but that is a consequence of fault of negligence being a non-issue in work comp.
Therefore let's examine who is qualified to these particular benefits in FL. To start with, you have to be an employee. Independent contractors (or 1099 professionals) are not qualified to workers' compensation benefits. Secondly, the organization that you work with will have to be big enough to be required to carry work comp benefits. If there aren't at minimum four employees, then the Employer isn't expected to offer workers' comp coverage unless it is a building and construction job Also, presently there are a few jobs that usually are not covered in Florida under work comp. Good examples of jobs that are not covered are almost all real estate agents, owner-operators of rigs, almost all volunteers, and taxi cab drivers.
Just let's state that you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you sustain 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 personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work basically implies that some element of the work caused the accident. A good example of a fairly usual injury occurrence at work that is not usually a job related injury is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest during work hours, this is not really going to count as a workers compensation injury. It may have occurred at work, but the work did not lead to the heart attack. Whether or not you have an extremely stressful career and you're manager has been harassing you relentlessly and you feature a stroke due partly to the other emotional 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 unrelated to your job duties. Therefore the simple fact that the incident occurred at work is not good enough. Exceptions to these exclusions arise if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in an occupation where there is a probability that such an event is work-related - which include a police officer or fireman.
"In the course and scope of employment" is in addition required for an injury to be covered under Workers' Compensation Benefits. To be in the course of employment, you genuinely have to be at work. If you have a automobile collision either on your way to work or on your way home, a large number of times those injuries are not going to be considered work-related injuries. There are exceptions. To remain in the scope of employment, you need to be working on a task related to work or at the very least engaged in some form of reasonable activity the Employer could have anticipated. If your job is to perform paperwork in an office space but you injure yourself when you and your pal choose to have a run down the stairs to see who's in the best condition that accident is certainly not going to be considered work-related. You have unreasonably drifted from your job duties to the point that what you're doing at that time of injury is no longer sufficiently connected to work to get considered work-related.
So 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 a certain amount of workdays and the disability has to last a certain period of time. If you skip less than a week from work, you're not going to receive lost earnings. In addition if you have a trauma that heals in less than three weeks, you're not qualified to temporary benefits. If you do suffer an injury that places you out of job for a prolonged time, then you will obtain compensation. Having said that, this compensation is not your entire wage. Rather you obtain about two-thirds of what you were earning at the time of the injury. If the physician 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 doctor suggests you can work with restrictions AND the Business is not able to accommodate those limitations, you may receive 64% of your salary. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you get no reimbursement. So bottom line is that if you are missing work as a result of a work-related injury, you will lose earnings. The lengthier your impairment, the more wages you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will not be recovered.
So let's say 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 receive? To remain entitled to lost wages, you will have to miss out a certain amount of work and the injury has to last a specific period of time. If you miss no more than a week from your job, you're not going to be given lost wages. Additionally if you have an injury that heals within three weeks, you're not entitled to temporary benefits. If you do suffer an accident that manages to keep you out of work for a lengthy time, then you will receive compensation. That being said, this compensation is not your full earnings. Instead you receive around two-thirds of what you were making at the time of the personal injury. 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 accident. If the health professional claims you can work with limitations AND the Business is not able to accommodate those limitations, you will obtain 64% of your salary. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no compensation. So bottom line is that if you are missing your job due to a work-related injury, you will lose wages. The greater your injury, 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 constraint on your ability to get lost wages is that those benefits are only given for a certain period of time. As soon as you have obtained maximum medical improvement, which is the doctors way of claiming you're good to go, you do not get any more temporary benefits. Even when you have not gone back to work or your position is no more available, your temporary benefits end. If you receive an impairment rating caused by a permanent lesion, you will receive permanent impairment benefits, however 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 months. Just very few injured employees, the most badly hurt, have a chance of being given long term permanent benefits called permanent total disability.
Every time it relates to medical care, your rights or benefits also have considerable limitations. If you have injuries that requires urgent care, then you can get that care without first acquiring Company or workers' comp insurance company authorization. After that initial medical care, who you see for health treatment is not your choosing. Your Employer or more frequently its workers compensation insurance company will inform you exactly who you can treat with. If you don't like the physician they choose, then you may get a one time change but that's it. On top of that, you don't get to select that next medical professional either. Once again the workers comp insurance provider picks the doctor. You can get what is called an IME, or "independent medical doctor", but you have to pay for that doctor out of pocket. Your health plan will not pay for it.
One of the few beneficial aspects of the medical care is that you don't pay for it period, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is responsible for all other expenses of medical care including prescription medication and physical therapy. Still as you have the ability to probably see now, workers' compensation is not an excellent program. It's also a complex system.
If you find yourself in the workers comp system, you're better off obtaining advice and perhaps an attorney sooner rather than later. Errors made in the workers' compensation system may be challenging if not impossible to unwind. And a couple errors can mean the end of your case entirely. Therefore, if you have a workers' compensation accident, speak with us as soon as possible. The consultation is completely free, and you are under no obligation to retain us. In the case that you do hire us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for you!
We Don't Get Paid Unless You Recover
At Trial Pro, P.A., our traffic collision attorneys 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 anything unless we recover compensation on your behalf. If we don't win your insurance claim, you will pay us absolutely nothing.
Our Forest City injury legal professionals also offer free evaluations to examine the details of your case and determine if you have a case. Set Up a Free Consultation
If you or another person you love has been impaired because of someone else's negligence or neglectfulness, you need a good attorney on your side who is familiar with the statutes and laws in Florida.
Our Forest City personal injury legal professionals are skilled in tort litigation and have been recognized by our peers for our victories. A few of our lawyers have been mentioned as Super Lawyers and prominent litigators for their victories in behalf of our clients.
We have recovered desirable judgments and compensations that were instrumental in assisting our clients recover 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