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 an experienced and reputable law firm specializing in workers' compensation cases. Our firm has extensive law knowledge and a proven track record of successful outcomes for our clients. Our aggressive approach and meticulous attention to detail sets us apart as leaders in the field.
Workers' compensation cases can be complex, confusing, and overwhelming for those involved. At Trial Pro, P.A., we understand that dealing with a work-related injury can be difficult for the injured worker and their family. Our attorney in Fort Myers Villas, FL, will work tirelessly to ensure our clients receive the compensation and benefits they are entitled to under the law.
Our firm represents clients in various industries, including construction, healthcare, retail, and more. We have successfully handled cases involving on-the-job injuries, repetitive strain injuries, and even occupational illnesses. We have the necessary experience, knowledge, and resources to tackle even the most complicated cases.
In Florida, workers' compensation is a no-fault system designed to provide benefits and medical care to injured employees. Unlike traditional personal injury cases, in a worker's compensation case, the injured worker is not required to prove that their employer was at fault. Even if the employee was partially responsible for their injury, they may still be entitled to benefits.
It is essential for injured workers to understand their rights under the worker's compensation system and to hire a knowledgeable attorney to represent them. At Trial Pro, P.A., we can help injured workers navigate the system's complexities, file a claim, and fight for the benefits they are entitled to. Our aggressive approach means we will not back down in the face of opposition from insurance companies or employers.
If you have been injured on the job, you must take action quickly. In Florida, injured workers have just 30 days to report their injury to their employer. Failure to report the injury within this time frame could jeopardize your chances of receiving benefits. Additionally, injured workers have just two years from the date of the injury to file a worker's compensation claim.
At Trial Pro, P.A., we understand that a work-related injury can disrupt your life in ways you never imagined. The financial burden of an injury can be overwhelming, from medical bills to lost wages. Our attorney in Fort Myers Villas, FL, will fight tirelessly to ensure you receive the compensation you deserve.
We represent clients throughout Lee County, including Fort Myers, Cape Coral, Lehigh Acres, Sanibel, Bonita Springs, and Estero. Our firm has the resources and experience to handle all aspects of your case, from negotiating with insurance companies to representing you in court.
If you have been injured on the job, do not wait. Contact Trial Pro, P.A. today to schedule a consultation. Our aggressive approach, attention to detail, and commitment to our clients set us apart as leaders in the workers' compensation law field.
In Fort Myers Villas, Florida, workers' compensation covers a wide range of injuries. It includes physical injuries such as broken bones, sprains and strains, burns, and neck and back injuries. It also covers occupational diseases, such as carpal tunnel syndrome, hearing loss, and lung disease caused by exposure to hazardous substances at work. Additionally, workers' compensation provides benefits for mental health conditions that are a result of work-related stress or trauma, such as depression, anxiety, and post-traumatic stress disorder (PTSD).
If you have been injured at work, it is important to take action as soon as possible. You should report your injury to your employer immediately and seek medical attention right away. You only have a limited amount of time to file a workers' compensation claim, so it's crucial to act quickly.
At Trial Pro, P.A., we are committed to helping injured workers in Fort Myers Villas and nearby cities like Cape Coral, Lehigh Acres, and Naples obtain the benefits they are entitled to under the law. Our team of experienced attorneys will guide you through the process of filing a claim, attending hearings, and negotiating with insurance companies. We understand the complexities of the workers' compensation system, and we will fight tirelessly to ensure that you receive the compensation you deserve.
Don't let a work injury hold you back from living the life you deserve. Contact us today to schedule a free consultation with our experienced workers' compensation attorneys. We will review your case, answer any questions you may have, and help you understand your legal options. We will work tirelessly to protect your rights and get you the benefits you are entitled to.
Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in Fort Myers Villas. 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, Mango, Belle Isle, Lake Monroe, Casselberry, Punta Gorda and more!
Frequently Asked Questions About Workers Compensation in Fort Myers Villas, 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 Fort Myers Villas Workers' Compensation Lawyers Who Know How to Succeed In Tough Proceedings
Are you trying to find a Work Comp Attorneys near you? If you are injured, we understand you may not be capable 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 sorts of accidents; motor vehicle collisions, motorcycle collisions, wrongful death lawsuits, slip-and-fall injuries, 18-wheeler collisions, construction accidents and workplace injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to people in areas like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Contact our law firm for a complimentary and confidential assessment of your case.
Work Comp in FL is a legally required system of benefits that are readily available to most employees who are injured at work. It is a no-fault system, meaning that for the most part negligence in the cause of an injury is a non-issue. You can be entirely at fault or negligent in leading to an injury, moreover this does not disqualify you from receiving benefits. In contrast your supervisor or coworker could be negligent in causing the injury, and this specific does not entitle you to more benefits. Work Comp is claimed as being simultaneously 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 creating the injury. It is a "shield" that offers protection to Employers from having to pay employees a lot of the damages that are readily available to non-employees who are hurt as a result of the unfortunate incident.
Need to File a Workers' Compensation Claim? Talk with our Expert Fort Myers Villas Workers' Comp Lawyers To Learn more about How We Can Help, Contact us right away - 800-874-2577
This example illustrates the "sword and shield" angle of workers' compensation. Let's suppose Evan is a remarkably careless chef. He barely cares about what he's working on. He's going out the side door on the job, hands packed with trash, to toss in the dumpster. As he races down the well-lighted stairs, he trips and collapses fracturing his fibula. His employer goes to his aid, and observes that Evan as is usual was transporting way too much to be safe and his shoelaces were simply untied. You might actually expect that Evan may not have a case considering his recklessness triggered the personal injury. However you'd be mistaken.
Fort Myers Villas, FL companies and home owners are legally accountable for taking care of their facilities and need to always keep it in a reasonably risk-free condition and notify occupants of any dangerous conditions of that they are conscious or should be aware.
And now let's change the facts slightly. Evan as opposed to being reckless is exceptionally diligent. He actually ties up his no slip boots in double knots, certainly never races down the staircases, and by no means holds a lot more than he should. However, his supervisor has been somewhat slack in recent times. The lamp on the stairways burned out, and he recognizes that one of the steps is cracked and is a tripping hazard. Then again he's too tied up to deal with that issue right now. As a result, Evan trips on the broken down dark staircase that his manager knew of, however didn't even try to tell Evan about. If you expect that Evan is able to now take legal action against his boss or Workplace for negligence as a result of his boss's negligent behaviors, you would likely also be off-target. Negligent Evan possesses the very same rights as a hurt worker as meticulous Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in workers comp.
Therefore, let's examine who is qualified to these particular benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 workers) are not qualified to workers comp benefits. Additionally, the company that you work for will have to be large enough to be required to bear workers' comp benefits. In case there are not at the very least four staff members, then the Business isn't required to carry work comp coverage unless it is a construction job As well, presently there are a number of jobs that usually are not protected in The Sunshine State under work comp. Good examples of occupations that aren't covered are most real estate agents, owner-operators of semis, most volunteers, and taxi drivers.
Therefore let's claim you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you sustain injuries or have an accident at work? Just like many legal issues, the answer is that it depends. First, the accident or trauma has to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially denotes that some element of the work triggered the accident. An example of a reasonably common injury occurrence at the workplace that is not typically a job 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 particular is not most likely to count as a workers compensation accident. It may have occurred at work, but the job did not cause the heart attack. Even if you have a very demanding career and you're boss has been harassing you relentlessly and you feature a stroke due somewhat to the other psychological toll work takes on you, this is not going to be covered. The heart attack, stroke, or other "internal failures " are regarded to be personal in nature and not related to your work responsibilities. Subsequently the fact that the calamity took place at the workplace is not sufficient. Exceptions to these exemptions emerge if: (a) you are involved in an unusual stress or effort at the workplace, or (b) you are involved in an employment where there is a probability that such activity is work-related - like a law enforcement officer or fire fighter.
"In the course and scope of employment" is also required for an accident to be covered under workers comp. In order to be in the course of employment, you certainly have to be at work. If you have a automobile traffic collision either on your way to work or on your way home, the majority of the instances those unfortunate incidents are not going to be regarded as work-related injuries. There are exceptions. To be in the scope of employment, you must be performing something related to work or at the very least engaged in some type of reasonable task the Business could have foreseen. If your occupation is to do desk work in an office but you hurt yourself when you and your friend choose to have a run down the stairs to see who's in the best condition that accident is definitely not going to be considered work-related. You have foolishly drifted from your job duties to the point that what you're doing at the time of injury is no more sufficiently connected to work to get considered work-related.
Thus 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 injury that arose out of work, what do you receive? To be 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 skip less than a week or so from work, you're not going to receive lost earnings. In addition if you have a trauma that heals in just three weeks, you're not entitled to short-term benefits. If you do suffer a trauma that keeps you out of your job for an extended period of time, then you will receive compensation. However, this compensation is not your entire earnings. Rather you obtain around two-thirds of what you were making at the time of the personal injury. If the physician says no work at all, then you get 66.67% of what you were earning at the time of the injury. If the physician suggests you can work with restrictions AND the Employer is unable to accommodate those limitations, you will obtain 64% of your income. 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 work as a result 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 wages are gone for good and will not be recovered.
So 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 accident that arose out of work, what do you obtain? To be entitled to lost wages, you must miss out a particular amount of workdays and the incapacity has to last a certain period of time. If you skip no more than a week from work, you're not going to receive lost wages. At the same time if you have a trauma that heals in just three weeks, you're not entitled to temporary benefits. If you do suffer a personal injury that manages to keep you out of job for a lengthy period of time, then you will earn compensation. Nevertheless, this remuneration is not your full wage. Instead you collect roughly two-thirds of what you were earning 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 making at the time of the accident. If the doctor says you can work with restrictions AND the Employer is unable to accommodate those restrictions, you will 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 obtain no compensation. So bottom line is that if you are missing work as a result of a work-related injury, you will lose earnings. The longer your impairment, the more paychecks you can forfeit. Unless you settle your case at some point, those lost earnings are gone for good and will definitely not be recovered.
A further restriction on your opportunity to obtain lost wages is that those benefits are only paid for a particular period of time. Once you have achieved maximum medical improvement, which is the health professionals way of pointing out you're good to go, you don't get any more temporary benefits. Even when you have not returned to work or your job is no more available, your temporary benefits end. If you get an impairment rating caused by a permanent injury, you will receive permanent impairment benefits, although those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few weeks or months. Only very few injured workers, the most seriously hurt, have a likelihood of obtaining long-term permanent benefits called permanent total disability.
If it comes down to medical care, your rights or benefits also have major limitations. If you have injuries that calls for critical care, at that point you can get that care without first acquiring Workplace or workers' comp service provider approval. Right after that early treatment, who you see for health treatment is not your selection. Your Employer or often its workers compensation insurance service provider are going to tell you who you can treat with. If you don't prefer the health care provider they pick, then you may obtain a one-time change but that's it. Moreover, you don't have the ability to pick that next health care provider either. One more time the work 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 medical doctor expense. Your health insurance will not pay for it.
One of the few beneficial aspects of the health care is that you do not pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance provider is responsible for all other costs of medical care including prescribed medicine and physical therapy. Still as you have the ability to probably see now, workers' comp is not an amazing system. It's also a complicated system.
If you find yourself in the work compensation system, you're better off obtaining guidance and possibly a lawyer sooner rather than later. Mistakes made in the workers' compensation system may be troublesome if not impossible to unwind. Plus certain errors can guarantee the end of your case completely. Therefore if you have a workers' comp injury, talk to us right away. The consultation is absolutely free, and you are under no obligation to retain us. In case you do retain us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for you!
We Do Not Make money Unless You Do
At Trial Pro, our collision lawyers operate on a contingency fee basis. This means we cover the costs of investigating, building, negotiating and litigating your insurance claim. We do not bill you a thing unless our lawyers recover compensation on your behalf. If we do not win your lawsuit, you will owe us completely nothing.
Our Fort Myers Villas injury lawyers also offer no charge consultations to assess the details of your insurance claim and establish if you have a lawsuit. Set Up a Free Evaluation
If you or another person you love has been injured due to someone else's negligence or carelessness, you need a dependable attorney on your side who is knowledgeable with the laws and laws in FL.
Our Fort Myers Villas injury attorneys are skilled in tort litigation and have been acknowledged by our peers for our success. Some of our attorneys have been identified as Super Lawyers and notable litigators for their success in behalf of our clients.
We have recovered desirable verdicts and compensations that were instrumental in aiding our clients recover from their personal injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve for your injuries.
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
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
