After experiencing an accident in Naples, 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 Naples law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Naples 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 Ogden. 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, Union Park, Fort Pierce, Clearwater, Dr. Phillips, Suntree and more!
Frequently Asked Questions About Workers Compensation in Fort Ogden, 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 Ogden Workers Compensation Lawyers Who Know How to Win Tough Proceedings
Are you trying to find a Workers' Comp Law Firm near you? If you are injured, we understand you may not be capable to visit our offices. If you're not able to come to our office, 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 kinds of accidents; automobile collisions, motorcycle collisions, wrongful death claims, slip-and-fall injuries, semi-truck collisions, construction accidents and work comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to people in areas like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Contact our office for a free of cost and confidential assessment of how we can help.
Work Comp in FL is a legally required system of benefits that are readily available to most employees who are 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 could be completely to blame or neglectful in triggering an accident, moreover this does not disqualify people from obtaining benefits. In contrast your employer or colleague might be negligent in triggering the unfortunate incident, and this particular does not entitle you to more benefits. Work Comp is claimed as being equally a shield and a sword as far as providing for benefits. It is a "sword" because your Workplace can not defend against your claim by saying you were negligent in creating the accident. It is a "shield" that safeguards Employers from having to pay staff members a lot of the damages that are available to non-employees who are hurt cause by the accident.
Need to file a Workers' Compensation Claim? Talk with our Expert Fort Ogden, FL Work Compensation Attorneys Call Trial Pro As soon as possible for your complimentary initial evaluation - 800-874-2577
This instance portrays the "sword and shield" angle of workers' compensation. Let's suppose Evan is a very careless cook. He hardly cares about what he's working on. He's going out the side door at work, hands full of garbage, to toss in the dumpster. As he races down the well-lit stairways, he trips and falls down damaging his midfoot. His supervisor comes 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 might probably assume that Evan does not have a claim simply because his carelessness triggered the personal injury. However you would be not right.
Fort Ogden companies and residential or commercial property owners are under legal standing responsible for looking after their properties and must always keep it in a fairly risk-free condition and warn occupants of any unsafe conditions of that they are conscious or should be aware.
Now let's change the facts slightly. Evan as opposed to being reckless is exceptionally conscientious. He always ties his no slip boots in repeated knots, never ever races down the stairs, and under no circumstances brings more than he should. However his supervisor has been fairly slack lately. The light on the staircases blown out, and he knows that one of the steps is cracked and is a tripping risk. Then again he's too hectic to take care of that problem at this moment. Consequently, Evan trips on the faulty dark stair that his employer knew about, yet didn't even try to alert Evan about. If you suppose that Evan can possibly now litigate his boss or Employer for negligence as a result of his manager's negligent actions, you would likely also be wrong. Negligent Evan has the very same rights as a seriously injured employee as cautious Evan does. That may appear unfair, 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 benefits in The Sunshine State. To start with, you need 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 has to be large enough to be required to bear work comp benefits. In the case that there are not at least four staff members, then the Company isn't required to carry worker's compensation insurance except if it is a building and construction employment Also, there are particular roles that usually are not protected in Florida under work comp. Some examples of occupations that are not covered are the majority of real estate agents, owner-operators of rigs, most 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 suffer an injury or have an accident at the office? Like many legal issues, the answer is that it depends. To start with, the calamity or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some aspect of the job led to the accident. A good example of a fairly 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 sustain a heart attack during the course of work hours, this particular is not likely going to count as a workers' comp injury. It may have occurred at work, but the work did not inflict the heart attack. Even if you have a very stressful career and you're supervisor has been harassing you relentlessly and you feature a stroke due partially to the other emotional toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are considered to be personal in nature and unrelated to your job functions. Consequently the fact that the calamity happened at work is not sufficient. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or effort on the job, or (b) you are involved in an employment where there is a probability that such an event is work-related - such as a law enforcement officer or fireman.
"In the course and scope of employment" is required for an injury to be covered under workers' comp. In order to be in the course of employment, you definitely have to be at your job. If you have a motor vehicle crash either on your way to work or on your way home, most instances those personal injuries are not going to be considered job related injuries. There are exceptions. To remain in the span of employment, you must be engaging in a task related to work or even at least engaged in some form of reasonable task the Employer could possibly have anticipated. If your occupation is to do 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 very best shape that personal injury is certainly not going to be considered work-related. You have unreasonably deviated from your job duties to the point that what you're doing at the time of injury is no longer sufficiently linked to work to get considered work-related.
Thus 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 get? To be entitled to lost wages, you have to miss out a certain amount of workdays and the injury has to last a specific period of time. If you skip no more than a full week from work, you're not going to collect lost earnings. In addition if you have a trauma that heals in less than three full weeks, you're not qualified to temporary benefits. If you do sustain an accident that manages to keep you out of your job for a prolonged time, then you will get compensation. That being said, this remuneration is not your whole paycheck. Rather you receive as much as 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 get 66.67% of what you were making at the time of the accident. If the physician says you can work with limitations AND the Business is unable to accommodate those limitations, you will receive 64% of your pay. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing your job due to a work-related injury, you will lose wages. The longer your injury, the more wages you can lose. Unless you settle your case at some point, those lost paychecks are gone for good and will not be recovered.
So let's say you've cleared the hurdles of being an employee that's injured or 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 must miss a certain amount of work and the disability has to last a particular period of time. If you miss less than a full week from your job, you're not going to get lost wages. Also if you have an injury that heals in just three full weeks, you're not qualified to short-term benefits. If you do sustain an injury that places you out of work for a prolonged time, then you will get compensation. Nevertheless, this compensation is not your full income. Instead you collect roughly two-thirds of what you were making at the time of the injury. If the medical professional says no work at all, at that time you get 66.67% of what you were earning at the time of the injury. If the health care provider says you can work with restrictions AND the Business is not able to accommodate those restrictions, you may 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 reimbursement. So bottom line is that if you are missing your job due to a work-related injury, you will lose earnings. The longer your injury, the more paychecks you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will definitely not be recovered.
A further constraint on your ability to get lost wages is that those benefits are just given for a certain period of time. Once you have attained maximum medical improvement, which is the health professionals way of expressing you're good to go, you do not get any more temporary benefits. Even when you have not gone back to work or your job is no more available, your temporary benefits end. If you get an impairment rating due to a permanent injury, you will receive permanent impairment benefits, but 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 workers, the most severely injured, have a chance of being given long term permanent benefits called permanent total disability.
Every time it comes down to medical care, your rights or benefits also have big constraints. If you have injuries that entails critical care, at that point you can get that care without first getting Company or workers' compensation provider authorization. Following that initial treatment, who you see for health care is not your selection. Your Employer or more frequently its workers compensation insurance company will likely notify you exactly who you can treat with. If you don't prefer the medical professional they pick, then you can obtain a one-time change but that's it. Moreover, you don't have the ability to pick that next medical professional either. One more time the workers comp insurance provider picks the health professional. 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 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 costs of medical care including prescription medicine and physical therapy. Still as you can probably see already, workers' compensation is not a great program. It's also a complicated system.
If you find yourself in the workers compensation system, you're better off getting guidance and perhaps a lawyer sooner rather than later. Errors made in the workers' comp system may be tough or even impossible to unwind. And even some errors can mean the end of your case altogether. Therefore, if you have a workers' comp injury, consult with us as soon as possible. The advice is absolutely free, and you are under no obligation to retain us. Assuming that 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!
Our "No Fee Unless We Win" Policy
At Trial Pro, P.A., our collision attorneys work on a contingency fee basis. That means we cover the expenses of investigating, constructing, negotiating and litigating your case. We do not charge you a thing unless our legal professionals recover compensation on your behalf. If we don't win your case, you will pay us completely nothing.
Our Fort Ogden personal injury lawyers also provide free evaluations to examine the elements of your insurance claim and determine if you have a suit. Set Up a Free Assessment
If you or somebody else you love has been hurt because of someone else's negligence or neglectfulness, you need a trusted attorney on your side who is familiar with the policies and laws in The Sunshine State.
Our Fort Ogden personal injury lawyers are skilled in personal injury litigation and have been recognized by our peers for our success. A few of our attorneys have been identified as Super Lawyers and notable litigators for their accomplishments on behalf of our clients.
We have recovered desirable judgments and compensations that were instrumental in aiding our clients recover from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve for your personal injuries.
Acquiring Compensation for Your Workplace Injury in Collier 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