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 Gibsonton. 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, Naples, Hiawassee, Aloma, Pine Hills, Fort Myers Villas and more!
Frequently Asked Questions About Workers Compensation in Gibsonton, 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.
Experienced Gibsonton Workers' Compensation Attorneys Who Know How to Succeed In Tough Cases
Are you looking for a Work Compensation Attorneys near you? If you are injured, we understand you may not have the ability to drop by our offices. Let us come to you!
Trial Pro, P.A. works with Floridians in a range of personal injury law matters. Our practice areas include all kinds of personal injuries; automobile collisions, motorcycle collisions, wrongful death claims, slip-and-fall injuries, large trucks accidents, construction accidents and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to clients in areas like Fairview Shores, Oakland, Avalon Park, Gardenville, Shore Acres, Clearwater and all throughout Florida. Contact our office for a free and confidential assessment of how we can help.
Work Comp in FL is a legally required system of benefits that are accessible to most employees who are injured or hurt 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 could be completely to blame or negligent in causing an accident, moreover this does not exclude people from obtaining benefits. On the other hand your employer or colleague could be negligent in causing the unfortunate incident, and this particular 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 unfortunate incident. It is a "shield" that shields Workplaces from having to pay staff members many of the damages that are readily available to non-employees who are injured cause by the unfortunate incident.
Need to file a Work Compensation Claim? Talk with our Expert Gibsonton Workers' Compensation Lawyers Contact Trial Pro Today - 800-874-2577
This example explains the "sword and shield" factor of Worker's Comp. Let us's claim that Evan is a remarkably careless baker. He rarely cares about what he's working on. He's going out the side door at work, hands full of trash, to put in the dumpster. As he rushes down the well-lighted backstairs, he trips and collapses injuring his wrist. His manager goes to his aid, and notices that Evan as is usual was carrying way too much to be safe and his shoe laces were actually undone. You might assume that Evan may not have a claim considering that his negligence resulted in the injury. But you'd be wrong.
Gibsonton, Florida businesses and property owners are legally liable for taking care of their facilities and need to keep it in a within reason safe and sound condition and caution occupants of any hazardous conditions of that they are conscious or need to be aware.
And now let's alter the facts a little bit. Evan rather than being reckless is tremendously mindful. He consistently ties his no slip shoes in repeated knots, under no circumstances hurries down the staircases, and under no circumstances transports more than he should. On the other hand his manager has been relatively slack recently. The lamp on the stairs burned out, and he knows that one of the steps is broken and is a tripping risk. However he's too busy to take care of that issue at the moment. As a result, Evan trips on the faulty dark stairway that his manager knew about, however didn't even bother to caution Evan about. If you guess that Evan can easily now take legal action against his manager or Workplace for negligence due to his manager's careless practices, you would most likely also be wrong. Reckless Evan possesses the same rights as a seriously injured person as meticulous Evan does. That may seem not fair, 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 must be an employee. Independent contractors (or 1099 professionals) are not qualified to workers' compensation benefits. As a rule, the organization that you work with will have to be big enough to be required to bear work comp benefits. In the case that there are not at least four staff members, then the Business isn't expected to offer worker's compensation insurance coverage except if it is a building and construction job As well, presently there are a few jobs that usually are not protected in FL under workers comp. Good examples of occupations that aren't covered are nearly all real estate agents, owner-operators of rigs, most volunteers, and taxi drivers.
Therefore let's say you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you sustain injuries or have an accident at the office? Like many legal issues, the answer is that it depends. First, the accident or injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work generally implies that some aspect of the work caused the accident. An example of a relatively usual injury occurrence at work that is not commonly a job related injury is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest in the middle of work hours, this particular is not most likely to count as a workers compensation injury. It may have happened at work, but the work did not cause the cardiac arrest. Whether or not you have a very stressful career and you're manager has been harassing you non-stop and you have a stroke due partly 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 contemplated to be personal in character and irrelevant to your work functions. Consequently the fact that the event developed on the job is not enough. Exceptions to these exemptions arise if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in an occupation where there is a anticipation that such an event is work-related - such as a police officer or fire fighter.
"In the course and scope of employment" is also required for an injury to be protected under workers' comp. In order to be in the course of employment, you in essence have to be at work. If you have a vehicle crash either on your way to work or on your way home, a large number of instances those incidents are not going to be regarded as job related injuries. There are exceptions. To be in the range of employment, you have to be performing something related to work in other words at the very least engaged in some kind of reasonable task the Company could have foreseen. If your position is to perform desk work in a business office but you hurt yourself when you and your buddy choose to have a run down the stairway to see who's in the very best condition that personal injury is definitely not going to be considered work-related. You have unreasonably drifted from your job duties to the point that what you're doing at the moment of personal injury is no longer sufficiently connected to work to get regarded as work-related.
Thus let's claim that you've cleared the hurdles of being a worker that's injured or 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 a certain amount of workdays and the incapacity has to last a particular period of time. If you miss out no more than a full week from your job, you're not going to collect lost earnings. Additionally if you have a trauma that heals within three weeks, you're not qualified to temporary benefits. If you do sustain an accident that manages to keep you out of work for a prolonged period of time, then you will obtain compensation. Nonetheless, this compensation is not your full paycheck. Rather you obtain around two-thirds of what you were making at the time of the personal injury. If the doctor says no work at all, then you get 66.67% of what you were earning at the time of the injury. If the physician states you can work with restrictions AND the Business is not able to accommodate those restrictions, you may obtain 64% of your income. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing your job because of a work associated accident, you will lose wages. The longer your impairment, the more earnings you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will certainly not be recovered.
Thus let's say you've cleared the hurdles of being a worker that's injured in the course and scope of your job by an accident that arose out of work, what do you receive? To be entitled to lost wages, you have to miss a certain amount of workdays and the disability has to last a particular period of time. If you miss no more than a week or so from work, you're not going to receive lost earnings. Additionally if you have a trauma that heals in just three full weeks, you're not entitled to short-term benefits. If you do suffer an accident that manages to keep you out of job for an extended time, then you will obtain compensation. Having said that, this compensation is not your whole salary. Rather you receive around two-thirds of what you were earning at the time of the accident. 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 claims you can work with restrictions AND the Business is not able to accommodate those restrictions, you will obtain 64% of your earnings. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you receive no compensation. So bottom line is that if you are missing your job as a result of a work-related injury, you will lose earnings. The greater your injury, the more wages you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will certainly not be recovered.
A further restriction on your chance to earn lost wages is that those benefits are only paid for a certain period of time. As soon as you have reached maximum medical improvement, which is the health professionals way of suggesting you're on the right track now, you don't get anymore temporary benefits. Even if you have not returned to work or your job is no longer available, your temporary benefits end. If you get an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, however 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 badly injured, have a likelihood of getting long-term permanent benefits called permanent total disability.
When it pertains to medical care, your rights or benefits also have major limitations. If you have injuries that entails urgent care, then you can get that care without first acquiring Company or workers' compensation provider approval. After that very first treatment, who you see for medical treatment is not your decision. Your Employer or more frequently its workers comp insurance provider will likely tell you who exactly you can treat with. If you don't prefer the medical professional they choose, then you can obtain a one-time change but that's it. Also, you don't have the ability to select that next health care provider either. Once again the work 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 health professional expense. Your medical insurance won't cover it.
At least one of the few beneficial elements of the health care is that you don't pay for it period, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance provider is responsible for all other expenses of medical care including prescription medication and physical therapy. Still as you have the ability to probably see now, workers' comp is not an excellent system. It's also a complex system.
If you find yourself in the workers comp system, you're better off obtaining guidance and perhaps a lawyer sooner rather than later. Mistakes made in the workers' compensation system may be troublesome if not impossible to unwind. Plus a number of errors can guarantee the end of your case entirely. So if you have a workers' compensation accident, talk to us right away. The consultation is free of charge, and you are under no commitment to hire us. In the case 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!
Only Pay When Your Lawyer Wins Your Case
At Trial Pro, P.A., our accident attorneys work on a contingency fee basis. This means our firm covers the costs of investigating, building, negotiating and litigating your lawsuit. We do not bill you a thing unless we recover compensation on your behalf. If we do not win your suit, you will pay us nothing at all.
Our Gibsonton injury legal professionals also offer cost-free evaluations to examine the aspects of your claim and determine if you have a case. Schedule a Free Assessment
If you or someone else you love has been impaired as a result of someone else's negligence or neglectfulness, you need a renowned attorney by your side who is familiar with the statutes and regulations in Florida.
Our Gibsonton injury attorneys are skilled in injury litigation and have been recognized by our peers for our success. A few of our lawyers have been listed as Super Lawyers and notable litigators for their accomplishments on behalf of our clients.
We have recovered favorable verdicts and compensations that contributed in helping our clients recoup from their injuries or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your 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
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