After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Orlando 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 Goldenrod. 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, Rio Pinar, Alafaya, Satellite Beach, Tampa, East Dunbar and more!
Frequently Asked Questions About Workers Compensation in Goldenrod, 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 Goldenrod Work Compensation Lawyers Who Know How to Win Tough Cases
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Trial Pro, P.A. represents Floridians in a range of personal injury judicial matters. Our practice areas include all forms of injuries; auto collisions, motorcycle collisions, wrongful death claims, slip-and-fall accidents, semi-truck collisions, construction injuries and workers compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to people in cities like Lake Nona, Celebration, Reunion, Fort Myers Beach, Punta Rassa, El Jobean and throughout Florida. Contact our office for a free of cost and confidential assessment of your case.
Work Comp in FL 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 injury is a non-issue. You can be totally at fault or neglectful in resulting in an injury, and this does not exclude people from getting benefits. However your manager or colleague might be negligent in causing the unfortunate incident, and this particular does not entitle you to extra benefits. Worker's Comp is claimed to be equally a shield and a sword as far as providing for benefits. It is a "sword" because your employer simply cannot defend against your claim by saying you were negligent in causing the injury. It is a "shield" that protects Employers from having to pay staff members many of the damages that are available to non-employees who are injured or hurt cause by the unfortunate incident.
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This example illustrates the "sword and shield" angle of Worker's Comp. Let's claim that Evan is an extremely reckless baker. He hardly focuses on what he's working on. He's heading out the back entrance at work, hands loaded with trash, to toss in the dumpster. As he runs down the well-lit stairways, he trips and falls down breaking his midfoot. His employer goes to his aid, and notices that Evan as is the custom was transporting way too much to be safe and his shoe laces were simply undone. You might probably believe that Evan does not have a claim simply because his negligence induced the personal injury. However, you'd be wrong.
Goldenrod businesses and residential or commercial property owners are legally responsible for looking after their facilities and must maintain it in a fairly safe and secure condition and inform occupants of any hazardous conditions of that they are aware or need to be aware.
And now let's change the facts just a little. Evan instead of being careless is exceptionally diligent. He actually ties his no slip work shoes in repeated knots, never ever runs down the stairways, and by no means holds a lot more than he should. However, his office manager has been somewhat slack lately. The lighting on the staircases burned out, and he knows that one of the steps is damaged and is a tripping hazard. However he's too tied up to address that problem now. Consequently, Evan trips on the worn out unlit staircase that his employer knew about, but failed to even bother to tell Evan about. If you believe that Evan can possibly now sue his manager or Workplace for negligence due to his manager's reckless actions, you would also be wrong. Negligent Evan has the same legal rights as a hurt worker as vigilant Evan does. That may appear not fair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
Therefore let's analyze who is qualified to these kinds of benefits in The Sunshine State. First of all, you must be an employee. Independent contractors (or 1099 workers) are not entitled to workers comp benefits. Also, the company that you work with has to be big enough to be required to hold work comp benefits. On the assumption that there are not at the very least four workers, then the Business isn't expected to carry worker's compensation coverage except if it is a construction job As well, presently there are a few jobs that usually are not protected in FL under work comp. Examples of jobs that are not covered are the majority of real estate agents, owner-operators of semis, most volunteers, and taxi drivers.
So let's assume you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you sustain an injury or have an accident on the job? Like many legal issues, the answer is that it depends. First and foremost, the calamity or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially implies that some aspect of the task led to the accident. An example of a reasonably frequent injury instance at the workplace that is not frequently a work-related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest during work hrs, this is not going to count as a workers' comp accident. It may have happened at work, but the job did not inflict the cardiac arrest. Whether or not you have an extremely demanding job and you're employer has been harassing you relentlessly and you feature a stroke due partly to the other psychological toll work takes on you, this is not likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are considered to be personal in nature and unrelated to your work responsibilities. Subsequently the fact that the incident manifested at work is not sufficiently. Exceptions to these exemptions arise if: (a) you are involved in an unusual strain or effort at work, or (b) you are involved in an employment where there is a anticipation that such activity is work-related - for example, a law enforcement officer or fire fighter.
"In the course and scope of employment" is in addition required for an injury to be covered under Workers' Compensation Benefits. To be in the course of employment, you certainly have to be at work. If you have a auto wreck either on your way to work or on your way home, most instances those wrecks are not going to be considered work-related accidents. There are exceptions. To remain in the range of employment, you must be performing something related to work in other words at least engaged in some form of reasonable activity the Employer could have foreseen. If your occupation is to perform desk work in a business office but you injure yourself when you and your buddy choose to have a run down the stairway to see who's in the best condition that injury is definitely not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at the time of personal injury is no more sufficiently linked to work to get considered work-related.
So let's claim that you've cleared the hurdles of being an employee that's injured or 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 particular amount of workdays and the incapacity has to last a particular period of time. If you skip no more than a few days from your job, you're not going to get lost wages. In addition if you have an injury that heals in less than three weeks, you're not entitled to temporary benefits. If you do suffer an injury that keeps you out of work for an extended period of time, then you will receive compensation. Unfortunately, this remuneration is not your whole salary. Instead you receive roughly two-thirds of what you were earning at the time of the injury. If the health care provider says no work at all, then you receive 66.67% of what you were making at the time of the accident. If the doctor claims you can work with restrictions AND the Company is unable to accommodate those restrictions, you may get 64% of your pay. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you receive no reimbursement. So bottom line is that if you are missing your job because of a work-related injury, you will lose wages. The longer your injury, the more wages you can lose. Unless you settle your case eventually, those lost wages are gone for good and will not be recovered.
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 injury that arose out of work, what do you obtain? To remain entitled to lost wages, you must miss a certain amount of work and the incapacity has to last a particular period of time. If you miss no more than a few days from work, you're not going to get lost wages. Additionally if you have an injury that heals in just three weeks, you're not qualified to short-term benefits. If you do suffer a trauma that places you out of job for a lengthy period of time, then you will receive compensation. Unfortunately, this compensation is not your full income. Rather you obtain around two-thirds of what you were making at the time of the injury. If the doctor says no work at all, at that point you receive 66.67% of what you were making at the time of the injury. If the medical professional claims you can work with restrictions AND the Business is not able to accommodate those restrictions, you will get 64% of your compensation. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no reimbursement. So bottom line is that if you are missing work as a result of a work associated accident, you will lose wages. The greater your injury, the more earnings you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.
A further limitation on your opportunity to obtain lost wages is that those benefits are just paid for a certain period of time. Once you have acquired maximum medical improvement, which is the health professionals way of saying you're as good as you're going to get, you do not get anymore temporary benefits. Despite the fact that you have not gone back to work or your job 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, however, those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few weeks or months. Only very few injured workers, the most seriously hurt, have a likelihood of getting long term permanent benefits called permanent total disability.
If it comes to medical care, your rights or benefits also have big constraints. If you have an injury that calls for critical care, at that point you can get that care without first obtaining Company or workers' compensation insurance company authorization. Following that very first treatment, who you see for health care is not your choice. Your Employer or more often its work comp insurance company will notify you exactly who you can treat with. If you don't prefer the health professional they pick, then you might obtain a one-time change but that's it. On top of that, you don't get to select that next doctor either. Once again the work compensation insurance provider picks the physician. You can get what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your health plan won't pay for it.
At least one of the few beneficial elements of the health care is that you don't pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is responsible for all other costs of treatment including prescription drugs and physical therapy. Still as you have the ability to probably see now, workers' compensation is not a great program. It's also a complex system.
If you find yourself in the workers comp system, you're better off obtaining advice and possibly legal representation sooner rather than later. Errors made in the workers' comp system can be very difficult if not impossible to unwind. Plus some mistakes can signify the end of your case completely. So if you have a workers' comp injury, consult with us as soon as possible. The consultation is free of cost, and you are under no commitment to retain us. In case 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 you!
We Do Not Get Paid Unless You Do
At Trial Pro, our accident attorneys work on a contingency fee basis. That means our experts cover the expenses of researching, constructing, negotiating and litigating your claim. We do not bill you anything unless our attorneys recover compensation on your behalf. If we don't win your lawsuit, you will owe us completely nothing.
Our Goldenrod injury legal professionals also provide no charge evaluations to examine the details of your case and establish if you have a case. Set Up a Free Consultation
If you or someone you love has been hurt due to someone else's negligence or carelessness, you need a skilled attorney by your side who is familiar with the policies and regulations in FL.
Our Goldenrod personal injury legal professionals are experts in accident lawsuits and have been recognized by our peers for our accomplishments. Some of our lawyers have been named as Super Lawyers and notable litigators for their success in behalf of our clients.
We have recovered desirable verdicts and settlements that were instrumental in aiding our clients recoup from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve for your injuries.
Acquiring Compensation for Your Workplace Injury in Orange 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