After experiencing an accident in Melbourne, 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 Melbourne law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Melbourne 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 Grant-Valkaria. 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, Lake Mary, Labelle, Gandy, Clearwater, Howey-In-The-Hills and more!

Frequently Asked Questions About Workers Compensation in Grant-Valkaria, 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 Grant-Valkaria Work Comp Lawyers Who Know How to Win Tough Cases

Are you looking for a Workers' Compensation Law Firm near you? If you are injured, we recognize you may not be capable to visit our offices. Let us go to your place!

Trial Pro, P.A. represents Floridians in a range of personal injury judicial matters. Our practice areas include all types of injuries; automobile collisions, motorcycle collisions, wrongful death cases, slip-and-fall accidents, truck accidents, construction accidents and workplace 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 cities like Brevard County, Fellsmere, Rockledge, Satellite Beach, South Patrick Shores, Malabar and all over Florida. Call our firm for a free of cost and confidential assessment of your case.

Worker's Comp in Grant-Valkaria, FL is a legally required system of benefits that are accessible to most workers who are injured 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 totally responsible or negligent in causing an injury, and this does not disqualify you from obtaining benefits. Conversely your manager or coworker might be negligent in causing the accident, and this does not qualify you to additional benefits. Worker's Comp is claimed for being both 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 causing the accident. It is a "shield" that protects Workplaces from having to pay laborers many of the damages that are available to non-employees who are injured after the unfortunate incident.

Need to file a Workers' Comp Claim? Talk with our Expert Grant-Valkaria Work Compensation Attorneys Call our office for a complementary case assessment right now - 800-874-2577

This situation clarifies the "sword and shield" aspect of Work Comp. Let us's state that Evan is an extremely careless cook. He barely focuses on what he's working on. He's going out the back entrance on the job, hands full of waste, to toss in the dumpster. As he races down the illuminated backstairs, he trips and collapses fracturing his knee-cap. His manager comes to his aid, and observes that Evan as is the custom was carrying way too much to be safe and his shoelaces were actually untied. You may perhaps believe that Evan doesn't have a case considering his neglect triggered the injury. However you would be incorrect.

Grant-Valkaria businesses and residential or commercial property owners are by law liable for taking care of their premises and must always keep it in a fairly risk-free condition and tell occupants of any harmful conditions of which they are conscious or should be aware.

Now let's change the facts just a bit. Evan as opposed to being sloppy is extremely conscientious. He always ties his no slip boots in double knots, never ever races down the stairways, and never brings a lot more than he should. On the other hand his office manager has been fairly slack in recent times. The light source on the staircases blown out, and he realizes that one of the steps is broken and is a tripping risk. However he's too busy to deal with that issue at this moment. Consequently, Evan trips on the cracked dark stair that his boss knew of, however failed to even bother to alert Evan about. If you think that Evan can now file suit his manager or Workplace for negligence due to his manager's reckless behaviors, you would likely also be mistaken. Reckless Evan possesses the same rights as a seriously injured employee as cautious Evan does. That may appear unjust, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore let's analyze who is eligible to these types of benefits in FL. First of all, you must be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. Secondly, the company that you work with will need to be big enough to be required to bear workers' comp benefits. In the case that there aren't a minimum of four staff members, then the Business isn't expected to hold work comp coverage except if it is a building and construction job As well, there are certain roles that aren't covered in Florida under workers comp. Good examples of jobs that aren't covered are many real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi cab drivers.

So let's claim you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you suffer an injury or have an accident at work? Like many legal inquiries, the answer is that it depends. Primarily, the accident or trauma must "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some element of the job caused the accident. A good example of a reasonably usual injury instance at the workplace 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 heart attack in the course of work hours, this particular is not really going to count as a workers compensation injury. It may have happened at work, but the job did not cause the heart attack. Even if you have an extremely demanding job and you're manager has been harassing you relentlessly and you have a stroke due in part 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 regarded to be personal in nature and unrelated to your job duties. Consequently the fact that the event manifested on the job is not sufficient. Exceptions to these exclusions arise if: (a) you are involved in an unusual stress or effort at work, or (b) you are involved in an line of work where there is a probability that such an event is work-related - which include a police officer or fireman.

"In the course and scope of employment" is also required for an accident to be covered under Workers' Compensation Benefits. In order to be in the course of employment, you really have to be at your job. If you have a vehicle collision either on your way to work or on your way home, most times those accidents are not going to be considered job related injuries. There are exceptions. To remain in the scope of employment, you must be working on a task related to work in other words at the very least engaged in some type of reasonable activity the Business could have anticipated. If your position is to perform desk work in an office space but you injure yourself when you and your buddy decide to have a race down the stairs to see who's in optimum shape that accident 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 connected to work to get regarded as work-related.

Therefore, let's claim that 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 obtain? To remain entitled to lost wages, you must miss a certain amount of workdays and the disability has to last a specific period of time. If you miss out barely a week or so from your job, you're not going to be given lost wages. Also if you have a trauma that heals within just three weeks, you're not entitled to temporary benefits. If you do sustain an injury that manages to keep you out of your job for an extended period of time, then you will obtain compensation. Unfortunately, this compensation is not your full salary. Instead you collect about two-thirds of what you were earning at the time of the accident. 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 physician claims you can work with restrictions AND the Employer is unable to accommodate those limitations, you will get 64% of your compensation. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain no compensation. So bottom line is that if you are missing your job due to a work-related injury, you will lose earnings. The greater your injury, the more wages you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will definitely not be recovered.

Therefore, 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 get? To be entitled to lost wages, you must miss a certain amount of workdays and the injury has to last a specific period of time. If you skip no more than a week or so from work, you're not going to be given lost earnings. In addition 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 injury that manages to keep you out of work for a lengthy time, then you will earn compensation. Nevertheless, this remuneration is not your whole income. Instead you receive about two-thirds of what you were making at the time of the accident. If the physician says no work at all, at that time you get 66.67% of what you were earning at the time of the accident. If the doctor says you can work with restrictions AND the Business is not able to accommodate those limitations, you may receive 64% of your income. But if your employer is able to accommodate those limitations 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 because of a work-related injury, you will lose wages. The longer your disability, the more paychecks 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 limitation on your opportunity to obtain lost wages is that those benefits are only paid for a particular period of time. Once you have reached maximum medical improvement, which is the physicians way of expressing you're on the right track now, you do not get anymore 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 get an impairment rating due to a permanent lesion, 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 seriously injured, have a likelihood of obtaining long-term permanent benefits called permanent total disability.

Every time it relates to medical care, your rights or benefits also have substantial constraints. If you have injuries that calls for emergency care, at that point you can get that care without first acquiring Employer or workers' comp carrier approval. After that very first treatment, who you see for medical treatment is not your choosing. Your Employer or often its workers compensation insurance provider may inform you who exactly you can treat with. If you don't prefer the doctor they pick, then you may receive a one time change but that's it. Also, you don't get to choose that next health care provider either. One more time the work compensation 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 health professional out of pocket. Your medical insurance will not cover it.

At least one of the few beneficial aspects of the medical care is that you don't pay for it at all, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance company is accountable for all other costs of treatment 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 work compensation system, you're better off obtaining guidance and possibly a lawyer sooner rather than later. Mistakes made in the workers' compensation system can be tough or even impossible to unwind. Plus some mistakes can signify the end of your case entirely. Therefore if you have a workers' compensation injury, talk to us promptly. The consultation is absolutely free, and you are under no obligation to hire us. If you do hire us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for our clients!

We Don't Get Paid Unless You Recover

At Trial Pro, our accident lawyers operate on a contingency fee basis. This means our experts cover the expenses of reviewing, constructing, negotiating and litigating your insurance claim. We do not charge you a thing unless our attorneys recover compensation on your behalf. If we do not win your lawsuit, you will owe us nothing.

Our Grant-Valkaria personal injury legal professionals also offer no charge consultations to study the specifics of your insurance claim and determine if you have a suit. Schedule a Free Consultation

If you or someone else you love has been impaired due to someone else's negligence or neglectfulness, you need a reputable lawyer by your side who is familiar with the laws and laws in FL.

Our Grant-Valkaria personal injury legal professionals are well-versed in tort lawsuits and have been acknowledged by our peers for our accomplishments. Some of our attorneys have been mentioned as Super Lawyers and prestigious litigators for their victories in behalf of our clients.

We have recovered desirable judgments and settlements that were instrumental in enabling our clients to recoup from their personal injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve for your traumas.

Acquiring Compensation for Your Workplace Injury in Brevard 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