After experiencing an accident in Fort Myers, the last thing you desire 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 optimal 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 hands 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. 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, Forest City, Belle Isle, Lake Monroe, Citrus Park, Winter Park and more!
Frequently Asked Questions About Workers Compensation in Fort Myers, 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 Workers' Compensation Lawyers Who Know How to Win Challenging Cases
Are you trying to find a Workers Compensation Law Firm in Lee County near you? If you are hurt, we recognize you may not be able to pay a visit to our offices. If you're unable to come to us, our firm can come to you!
Trial Pro, P.A. represents Floridians in a range of personal injury legal matters. Our practice areas include all types of injuries; car accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, semi collisions, construction accidents and workplace injuries. With offices in Orlando, Port Charlotte, Lehigh Acres, Cape Coral, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to people in areas such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Get in touch with our firm for a free of cost and confidential assessment of how we can help.
Worker's Comp in Ft. Myers is a legally required system of benefits that are available to most workers who are injured or hurt 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 to blame or neglectful in resulting in an injury, also this does not disqualify people from collecting benefits. In contrast your manager or coworker may possibly be negligent in causing the accident, and this does not qualify you to additional benefits. is said as being both a shield and a sword as far as providing for benefits. It is a "sword" because your Boss can't defend against your claim by saying you were negligent in creating the injury. It is a "shield" that provides protection to Companies from having to pay laborers many of the damages that are readily available to non-employees who are hurt as a result of the accident.
Need to File a Workers' Compensation Claim? Talk with our Expert Ft. Myers, FL Work Comp Lawyers Call us Without delay for a complimentary case assessment - 800-874-2577
This good example clarifies the "sword and shield" angle of workers' compensation. Let us's point out Evan is a remarkably careless baker. He hardly pays attention to what he's doing. He's heading out the side door on the job, hands packed with trash, to put in the dumpster. As he runs down the resplendent backstairs, he slips and falls down hurting his hand. His employer goes to his aid, and observes that Evan as is usual was carrying excessive amounts of waste to be safe and his shoelaces were actually untied. You might probably believe that Evan may not have a claim simply because his carelessness induced the unfortunate incident. However you would be not right.
Ft. Myers companies and home owners are by law liable for looking after their premises and must keep it in a within reason free from danger condition and alert occupants of any dangerous conditions of which they are conscious or need to be aware.
Now let's change the facts just a little. Evan rather than being sloppy is extremely conscientious. He always ties up his no slip shoes in repeated knots, not ever hurries down the staircases, and certainly never carries a lot more than he should. However, his business manager has been fairly neglectful recently. The illumination on the stairways burned out, and he recognizes that one of the steps is busted and is a tripping risk. Nonetheless he's too hectic to address that problem at this moment. As a result, Evan trips on the broken dark staircase that his boss knew about, but failed to even bother to inform Evan about. If you expect that Evan can possibly now litigate his boss or Employer for negligence due to his manager's reckless actions, you would most likely also be wrong. Reckless Evan has the very same legal rights as a seriously injured person as mindful Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
Therefore let's examine who is eligible to these benefits in The Sunshine State. To start with, you have to be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. As a rule, the business that you work for will have to be large enough to be required to hold workers' comp benefits. In the case that there are not at least four staff members, then the Company isn't expected to carry worker's compensation coverage except if it is a construction employment As well, presently there are several jobs that aren't protected in Florida under workers' compensation. Good examples of jobs that are not covered are most real estate agents, owner-operators of eighteen-wheelers, almost all volunteers, and taxi cab drivers.
Therefore let's say you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you sustain injuries or have an accident on the job? Like many legal inquiries, the answer is that it depends. First and foremost, the calamity or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some aspect of the job triggered the accident. A good example of a fairly common injury occurrence at work that is not usually a job related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest in the course of work hrs, this particular is not going to count as a worker comp accident. It may have happened at work, but the job did not inflict the heart attack. Whether or not you have a very demanding job and you're employer has been harassing you relentlessly and you feature a stroke due somewhat to the other psychological toll work takes on you, this is not likely going to be covered. The heart attack, stroke, or other "internal failures " are regarded to be personal in nature and irrelevant to your job duties. For that reason the fact that the calamity manifested at the workplace is not sufficiently. 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 anticipation that such activity is work-related - which include a police officer or fire fighter.
"In the course and scope of employment" is in addition required for an injury to be protected under Workers' Compensation Benefits. To be in the course of employment, you actually have to be at work. If you have a vehicle traffic collision either on your way to work or on your way home, the majority of times those traffic collisionsare not going to be considered work-related injuries. There are exceptions. To remain in the range of employment, you need to be conducting a task related to work or even at the very least engaged in some type of reasonable task the Business could have foreseen. If your position is to do desk work in a business office but you injure or hurt yourself when you and your colleague 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 unreasonably deviated from your work duties to the point that what you're doing at the time of trauma is no longer sufficiently linked to work to get considered work-related.
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 accident that arose out of work, what do you receive? To remain entitled to lost wages, you have to miss out a particular amount of work and the disability has to last a specific period of time. If you miss barely a few days from your job, you're not going to collect lost wages. Also if you have a trauma that heals in just three weeks, you're not qualified to short-term benefits. If you do suffer a personal injury that places you out of your job for a lengthy period of time, then you will earn compensation. However, this compensation is not your entire salary. Rather you receive around two-thirds of what you were earning at the time of the 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 injury. If the health care provider states you can work with limitations AND the Company is not able to accommodate those restrictions, you will obtain 64% of your earnings. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain 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 longer your injury, the more wages you can lose. Unless you settle your case at some time, those lost wages are gone for good and will not be recovered.
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 receive? To remain entitled to lost wages, you have to miss out a particular amount of work and the incapacity has to last a certain period of time. If you miss less than a few days from your job, you're not going to receive lost earnings. In addition if you have a trauma that heals within just three full weeks, you're not qualified to short-term benefits. If you do sustain a trauma that places you out of your job for a lengthy time, then you will earn compensation. Nonetheless, this remuneration is not your full income. Instead you get roughly two-thirds of what you were making at the time of the personal injury. If the health professional 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 states you can work with limitations AND the Company is not able to accommodate those restrictions, you will obtain 64% of your income. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no reimbursement. So bottom line is that if you are missing your job as a result of a work-related accident, you will lose wages. The greater your impairment, the more earnings you can lose. Unless you settle your case at some point, those lost wages are gone for good and will not be recovered.
A further constraint on your chance to get lost wages is that those benefits are only given for a specific period of time. As soon as you have obtained maximum medical improvement, which is the doctors way of pointing out you're on the right track now, you don't get any more temporary benefits. Despite the fact that you have not come back to work or your position is no longer available, your temporary benefits end. If you receive an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They usually just last a matter of a few work-weeks or calendar months. Only very few injured employees, the most seriously injured, have a likelihood of receiving long term permanent benefits called permanent total disability.
Every time it relates to medical care, your rights or benefits also have major limitations. If you have injuries that calls for urgent care, at that point you can get that care without first obtaining Company or workers' compensation insurance company approval. Just after that early medical care, who you see for medical treatment is not your choice. Your Employer or more frequently its work compensation insurance provider will inform you exactly who you can treat with. If you don't like the medical professional they pick, then you may get a one time change but that's it. Moreover, you don't have the ability to pick that next doctor either. Again the work comp insurance provider picks the health care provider. You can get what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your medical insurance will not cover it.
One particular of the few beneficial elements of the health 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 provider is accountable for all other costs of treatment including prescription medicine and physical therapy. Still as you have the ability to probably see by now, workers' comp is not an ideal system. It's also a complex system.
If you find yourself in the workers comp system, you're better off getting advice and perhaps an attorney sooner rather than later. Mistakes made in the workers' comp system might be very difficult if not impossible to unwind. And also certain mistakes can signify the end of your case entirely. So if you have a workers' comp accident, contact us promptly. The consultation is free of charge, and you are under no commitment to retain us. If you do retain us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for you!
We Don't Get Paid Unless You Recover
At Trial Pro, P.A., our accident lawyers work on a contingency fee basis. That means our experts cover the expenses of reviewing, constructing, negotiating and litigating your lawsuit. We do not bill you anything unless we recover compensation on your behalf. If we do not win your case, you will owe us completely nothing.
Our Ft. Myers injury legal professionals also offer free assessments to assess the details of your claim and determine if you have a lawsuit. Set Up a Free Assessment
If you or somebody else you love has been hurt as a result of someone else's negligence or neglectfulness, you need a renowned lawyer on your side who is knowledgeable with the laws and regulations in FL.
Our Ft. Myers injury lawyers are experts in injury litigation and have been recognized by our peers for our victories. A few of our lawyers have been mentioned as Super Lawyers and notable litigators for their success in behalf of our clients.
We have recovered favorable verdicts and settlements that contributed in aiding our clients to bounce back 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 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