After experiencing an accident in Tampa, 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 Tampa law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Tampa 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 Gandy. 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, Apopka, Oldsmar, Cape Coral, Union Park, Golden Gate and more!
Frequently Asked Questions About Workers Compensation in Gandy, 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 Gandy Workers' Comp Attorneys Who Know How to Succeed In Tough Proceedings
Are you trying to find a Work Comp Attorneys near you? If you are injured, we recognize you may not be capable to visit our offices. Let us come to your place!
Trial Pro, P.A. represents Floridians in a range of personal injury law matters. Our practice areas include all kinds of accidents; automobile accidents, motorcycle accidents, wrongful death cases, slip-and-fall accidents, semi accidents, construction injuries and workers 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 such as Fairview Shores, Oakland, Avalon Park, Saint Petersburg, Seminole, West Tampa and across Florida. Call our law firm for an absolutely free and confidential assessment of your case.
Work Comp in Gandy is a legally required system of benefits that are accessible to most people who are injured or hurt on the job. It is a no-fault system, meaning that for the most part negligence in the cause of an accident is a non-issue. You can be entirely to blame or negligent in causing an injury, also this does not disqualify you from getting benefits. On the other hand your employer or coworker may possibly be negligent in leading to the unfortunate incident, and this does not entitle you to additional benefits. Worker's Comp is claimed as being both a shield and a sword as for providing for benefits. It is a "sword" in that your employer can't defend against your claim by saying you were negligent in triggering the accident. It is a "shield" that shields Workplaces from having to pay workers many of the damages that are accessible to non-employees who are hurt due to the unfortunate incident.
Need to file a Work Comp Claim? Talk with our Expert Gandy Workers' Comp Attorneys Contact us today for a free consultation - 800-874-2577
This good example clarifies the "sword and shield" factor of workers' compensation. Let's point out Evan is a remarkably careless chef. He rarely cares about what he's doing. He's heading out the back door at work, hands loaded with trash, to put in the dumpster. As he runs down the unobscured staircases, he slips and falls down damaging his arm. His manager comes to his aid, and witnesses that Evan as usual was transporting excessive amounts of trash to be safe and his shoe laces were simply untied. You may perhaps think that Evan may not have a claim just because his carelessness triggered the personal injury. However, you would be wrong.
Gandy, Florida businesses and property owners are under legal standing liable for maintaining their facilities and need to maintain it in a reasonably safe condition and caution occupants of any dangerous conditions of that they are conscious or need to be aware.
And now let's alter the facts to some extent. Evan instead of being reckless is tremendously meticulous. He actually ties his no slip work shoes in double knots, never ever runs down the stairs, and under no circumstances brings more than he should. However his manager has been fairly neglectful recently. The light fixture on the stairways blown out, and he realizes that one of the steps is busted and is a tripping hazard. Nonetheless he's too hectic to deal with that issue now. As a result, Evan trips on the defective dark stair that his manager knew of, yet didn't even try to alert Evan about. If you suppose that Evan can easily now file suit his boss or Employer for negligence due to his boss's reckless practices, you will also be off-target. Careless Evan has the same legal rights as a hurt worker as vigilant 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 analyze who is entitled to these benefits in The Sunshine State. First of all, you must be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. Subsequently, the company that you work with will have to be large enough to be required to possess workers' comp benefits. In case there aren't at minimum four staff members, then the Company isn't expected to offer worker's compensation insurance except if it is a construction employment As well, there are various roles that usually are not protected in FL under workers comp. Instances of jobs that aren't covered are most real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi cab drivers.
So let's state that you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at work? Like many legal questions, the answer is that it depends. Before all else, the calamity or injury needs 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 caused the accident. A good example of a reasonably regular injury instance 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 sustain a cardiac arrest in the course of work hours, this particular is not really going to count as a worker comp injury. It may have happened at work, but the job did not cause the heart attack. Even if you have an extremely demanding career and you're employer has been harassing you relentlessly and you feature a stroke due partially to the other psychological and mental toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in character and irrelevant to your work responsibilities. Because of this the simple fact that the calamity happened at the workplace is not sufficient. Exceptions to these exemptions arise if: (a) you are involved in an unusual strain or exertion on the job, or (b) you are involved in an occupation where there is a presumption that such an event is work-related - for example, a law enforcement officer or fireman.
"In the course and scope of employment" is in addition required for an injury to be covered under workers comp. In order to be in the course of employment, you in essence have to be at your job. If you have a motor vehicle crash either on your way to work or on your way home, the majority of times those collisions are not going to be regarded as work-related injuries. There are exceptions. To be in the span of employment, you have to be working on something related to work in other words at the very least engaged in some sort of reasonable task the Company could possibly have anticipated. If your occupation is to perform desk work in an office but you injure or hurt yourself when you and your pal decide to have a run down the staircase to see who's in the very best shape that accident is definitely 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 moment of personal injury is no more sufficiently linked to work to be considered work-related.
So 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 obtain? To remain entitled to lost wages, you have to miss a certain amount of workdays and the disability has to last a certain period of time. If you miss barely a few days from your job, you're not going to get lost wages. In addition if you have an injury that heals within three weeks, you're not entitled to short-term benefits. If you do sustain an injury that manages to keep you out of job for an extended time, then you will get compensation. Unfortunately, this remuneration is not your whole earnings. Instead you obtain as much as two-thirds of what you were earning at the time of the injury. If the medical professional says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the medical professional suggests you can work with restrictions AND the Company is unable to accommodate those restrictions, you may obtain 64% of your wages. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing your job because of a work-related injury, you will lose earnings. The greater your disability, the more earnings you can forfeit. Unless you settle your case at some time, those lost wages are gone for good and will not be recovered.
Therefore, 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 have to miss out a certain amount of work and the incapacity has to last a certain period of time. If you miss barely a few days from work, you're not going to get lost wages. In addition if you have a trauma that heals in just three full weeks, you're not qualified to short-term benefits. If you do sustain an personal injury that keeps you out of your job for a prolonged time, then you will earn compensation. Nevertheless, this compensation is not your full earnings. Rather you get 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 earning at the time of the accident. If the medical professional states you can work with restrictions AND the Employer is not able to accommodate those limitations, you will obtain 64% of your pay. 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 work as a result of a work associated injury, you will lose wages. The longer your injury, the more paychecks you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will not be recovered.
A further constraint on your ability to get lost wages is that those benefits are just paid for a certain period of time. Once you have attained maximum medical improvement, which is the physicians way of stating you're as good as you're going to get, you do not get any more temporary benefits. Despite the fact that you have not gone back to work or your position is no longer available, your temporary benefits end. If you receive 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 work-weeks or calendar months. Only very few injured workers, the most severely injured, have a likelihood of receiving long-term permanent benefits called permanent total disability.
If it comes down to medical care, your rights or benefits also have significant constraints. If you have injuries that entails critical care, then you can get that care without first obtaining Workplace or workers' comp provider approval. After that early treatment, who you see for medical treatment is not your decision. Your Employer or more frequently its workers compensation insurance company may notify you exactly who you can treat with. If you don't like the doctor they select, then you can obtain a one time change but that's it. Furthermore, you don't get to select that next health professional either. One more time the workers compensation insurance provider picks the physician. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor expense. Your health plan won't cover it.
One of the few positive aspects of the health care is that you don't pay for it period, other than a $10 copayment once you reach maximum medical improvement. The insurance company is accountable for all other costs of treatment including prescribed medication and physical therapy. Still as you have the ability to probably see by now, workers' comp is not a perfect program. It's also a complicated system.
If you find yourself in the work compensation system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Mistakes made in the workers' comp system might be difficult if not impossible to unwind. And even some mistakes can signify the end of your case entirely. Therefore if you have a workers' compensation accident, contact us right away. The consultation is free, and you are under no commitment to retain us. In the case 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 you!
Our "No Fee Unless We Win" Policy
At Trial Pro, our collision attorneys operate on a contingency fee basis. This means our experts cover the costs 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 claim, you will pay us absolutely nothing.
Our Gandy personal injury legal professionals also offer cost-free consultations to review the details of your case and determine if you have a case. Set Up a Free Examination
If you or another person you love has been injured as a result of someone else's negligence or neglectfulness, you need an excellent lawyer by your side who is knowledgeable with the policies and regulations in FL.
Our Gandy personal injury lawyers are experts in injury lawsuits and have been acknowledged by our peers for our accomplishments. Several of our legal professionals have been classified as Super Lawyers and notable litigators for their achievements in behalf of our clients.
We have recovered favorable verdicts and compensations that contributed in helping our clients recoup from their personal injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you are entitled to for your personal injuries.
Acquiring Compensation for Your Workplace Injury in Hillsborough 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