Fort Myers Beach Workers Compensation Attorney

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.

Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in Fort Myers 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, Sky Lake, Collier County, Clearwater, Marco Island, Altoona and more!

• 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.

Are you searching for a Workers' Comp Attorneys near you? If you are hurt, we understand you may not be able to drop by our offices. If you're unable to come to our office, our experts can come to you!

Trial Pro, P.A. works with Floridians in a range of personal injury judicial matters. Our practice areas include all kinds of injuries; auto collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, semi accidents, construction accidents and workers' compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to clients in cities like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Contact our firm for a free and confidential discussion of how we can help.

Worker's Comp in FL is a legally required system of benefits that are readily available to most employees who are hurt on the job. 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 at fault or negligent in resulting in an injury, moreover this does not exclude individuals from getting benefits. However your boss or colleague can possibly be negligent in triggering the accident, and this does not qualify you to extra benefits. Worker's Comp is claimed as being simultaneously a shield and a sword as far as providing for benefits. It is a "sword" in that your Boss can not defend against your claim by saying you were negligent in causing the injury. It is a "shield" that protects Workplaces from having to pay workers a lot of the damages that are available to non-employees who are injured following the unfortunate incident.

Need to file a Workers' Comp Claim? Talk with our Expert Fort Myers Beach, FL Work Compensation Lawyers Call our office As soon as possible to schedule your free case assessment - 800-874-2577

This example illustrates the "sword and shield" factor of Work Comp. Let us's state Evan is a remarkably reckless cook. He barely keeps an eye on what he's working on. He's heading out the back entrance at the workplace, hands loaded with waste, to put in the dumpster. As he runs down the unobscured staircases, he slips and collapses hurting his elbow. His supervisor goes to his aid, and observes that Evan as is usual was transporting way too much to be safe and his shoe laces were actually untied. You may perhaps assume that Evan doesn't have a claim considering that his carelessness led to the injury. Yet you would be incorrect.

Fort Myers Beach, Florida businesses and home owners are legally accountable for taking care of their premises and have to maintain it in a reasonably risk-free condition and advise occupants of any dangerous conditions of that they are conscious or should be aware.

And now let's change the facts just a bit. Evan instead of being sloppy is extremely vigilant. He consistently ties up his no slip boots in double knots, by no means hurries down the stairways, and by no means holds a lot more than he can. However, his manager has been fairly neglectful in recent times. The light bulb on the stairs blown out, and he knows that one of the steps is broken and is a tripping hazard. Then again he's too hectic to take care of that issue right now. Consequently, Evan trips on the damaged dark staircase that his employer knew about, yet didn't even bother to warn Evan about. If you suppose that Evan can now file suit his boss or Employer for negligence due to his manager's careless actions, you will also be mistaken. Negligent Evan possesses the very same rights as a seriously injured employee as mindful Evan does. That may seem not fair, but that is a consequence of fault of negligence being a non-issue in workers comp.

So let's examine who is entitled to these particular benefits in The Sunshine State. First of all, you need to be an employee. Independent contractors (or 1099 professionals) are not entitled to workers comp benefits. Also, the business that you work for has to be large enough to be required to carry work comp benefits. On the assumption that there aren't at least four staff members, then the Business isn't obligated to carry work comp insurance unless it is a building and construction job Also, presently there are various roles that aren't covered in FL under workers comp. Some examples of jobs that are not covered are nearly all real estate agents, owner-operators of trucks, most volunteers, and taxi cab drivers.

Just let's assume you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident at the office? Just like many legal questions, the answer is that it depends. First and foremost, the accident or injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work generally implies that some element of the work caused the accident. A good example of a reasonably usual injury occurrence at the workplace that is not frequently a job related accident is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during work hrs, this specific is not really going to count as a worker comp accident. It may have occurred at work, but the work did not cause the heart attack. Even if you have a very stressful job and you're supervisor 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 going to be covered. The cardiac arrest, stroke, or other "internal failures " are considered to be personal in character and not related to your work duties. Subsequently the fact that the calamity developed on the job is not sufficient. Exceptions to these exclusions arise if: (a) you are engaged in an unusual stress or effort at the workplace, or (b) you are involved in an occupation where there is a probability that such activity is work-related - for instance, a law enforcement officer or fireman.

"In the course and scope of employment" is required for an accident to be protected under Workers Compensation Insurance. So as to be in the course of employment, you literally have to be at your job. If you have a auto 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 span of employment, you need to be conducting a task related to work or at least engaged in some sort of reasonable activity the Company could possibly have foreseen. If your occupation is to perform paperwork in a business office but you injure yourself when you and your pal decide to have a run down the stairway to see who's in optimum condition that injury is not going to be considered work-related. You have unreasonably deviated from your work duties to the point that what you're doing at that time of injury is no longer sufficiently linked to work to get regarded as work-related.

Thus let's claim that you've cleared the hurdles of being an employee that's hurt in the course and scope of your job by an injury that arose out of work, what do you receive? To be entitled to lost wages, you have to miss a particular amount of workdays and the injury has to last a certain period of time. If you miss barely a few days from work, you're not going to collect lost wages. Also if you have an injury that heals in less than three full weeks, you're not qualified to short-term benefits. If you do sustain a personal injury that places you out of work for an extended time, then you will obtain compensation. Unfortunately, this remuneration is not your full earnings. Instead you obtain as much as two-thirds of what you were making at the time of the personal 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 accident. If the medical professional claims you can work with restrictions AND the Company is unable to accommodate those restrictions, you will receive 64% of your compensation. 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 work because of a work associated injury, you will lose wages. The lengthier your disability, the more paychecks you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.

So let's say you've cleared the hurdles of being an employee 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 have to miss out a certain amount of workdays and the disability has to last a particular period of time. If you skip less than a few days from work, you're not going to receive lost earnings. Additionally if you have a trauma that heals in just three weeks, you're not qualified to temporary benefits. If you do sustain a trauma that places you out of your job for a prolonged period of time, then you will receive compensation. Nevertheless, this remuneration is not your whole earnings. Rather you receive around two-thirds of what you were earning at the time of the injury. If the medical professional says no work at all, at that point you get 66.67% of what you were earning at the time of the injury. If the doctor suggests you can work with restrictions AND the Company is unable to accommodate those limitations, you will get 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 receive no compensation. So bottom line is that if you are missing work due to a work-related injury, you will lose wages. The lengthier your disability, the more earnings you can lose. Unless you settle your case at some time, those lost wages are gone for good and will certainly not be recovered.

A further restriction on your opportunity to get lost wages is that those benefits are only given for a specific period of time. Once you have achieved maximum medical improvement, which is the doctors way of stating you're on the right track now, you do not get anymore temporary benefits. Despite the fact that you have not returned to work or your position is no more available, your temporary benefits end. If you receive an impairment rating due to a permanent lesion, 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 work-weeks or calendar months. Just very handful of injured employees, the most seriously hurt, have a likelihood of being given long term permanent benefits called permanent total disability.

When it pertains to medical care, your rights or benefits also have considerable limitations. If you have injuries that requires emergency care, at that point you can get that care without first getting Workplace or workers' compensation carrier authorization. Following that early treatment, who you see for health care is not your decision. Your Employer or more often its work comp insurance company will likely inform you exactly who you can treat with. If you don't prefer the health care provider they choose, then you might receive a one time change but that's it. Plus, you don't get to choose that next medical professional either. Once again the workers compensation insurance carrier picks the health care provider. 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 insurance will not cover it.

One particular of the few beneficial aspects of the medical care is that you don't pay for it period, other than a $10 copayment once you reach maximum medical improvement. The insurance provider is responsible for all other expenses of treatment including prescription drugs and physical therapy. Still as you have the ability to probably see already, workers' comp is not an awesome system. It's also a complex system.

If you find yourself in the work comp system, you're better off getting guidance and perhaps an attorney sooner rather than later. Mistakes made in the workers' comp system could be challenging or even impossible to unwind. Plus a couple mistakes can signify the end of your case entirely. So if you have a workers' comp injury, contact us promptly. The consultation is completely free, and you are under no obligation to hire 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 our clients!

At Trial Pro, P.A., our accident attorneys work on a contingency fee basis. This means our firm cover the expenses of investigating, building, negotiating and litigating your insurance claim. We do not charge you a thing unless our legal professionals recover compensation on your behalf. If we do not win your insurance claim, you will pay us nothing.

Our Fort Myers Beach personal injury attorneys also provide complimentary consultations to evaluate the specifics of your claim and establish if you have a lawsuit. Set Up a Free Evaluation

If you or somebody else you love has been hurt due to someone else's negligence or neglectfulness, you need a reputable lawyer by your side who is knowledgeable with the statutes and laws in Florida.

Our Fort Myers Beach injury attorneys are well-versed in accident lawsuits and have been acknowledged by our peers for our successes. A few of our lawyers have been listed as Super Lawyers and prominent litigators for their accomplishments in behalf of our clients.

We have recovered desirable 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 max amount of compensation you deserve for your traumas.

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.

• 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