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 Gulfport. 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, Winter Garden, Oldsmar, Avalon Park, Sky Lake, Estero and more!

Frequently Asked Questions About Workers Compensation in Gulfport, 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 Gulfport Work Comp Attorneys Who Know How to Win Challenging Cases

Are you searching for a Work Comp Attorneys near you? If you are hurt, we recognize you may not be able to drop by our offices. Let us go to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury legal matters. Our practice areas include all kinds of accidents; auto accidents, motorcycle collisions, wrongful death cases, slip-and-fall injuries, 18-wheeler collisions, construction accidents and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to people in cities like Fairview Shores, Oakland, Avalon Park, Gibsonton, West Tampa, Drew Park and all over Florida. Call our office for a complimentary and confidential discussion of how we can help.

Work Comp in Florida is a legally required system of benefits that are accessible to most employees who are injured at work. It is a no-fault system, meaning that for the most part negligence in the root cause of an accident is a non-issue. You could be totally to blame or negligent in leading to an accident, and this does not disqualify you from collecting benefits. However your supervisor or colleague might be negligent in causing the accident, and this particular does not qualify you to even more benefits. Worker's Comp is said for being both a shield and a sword as far as providing for benefits. It is a "sword" because your Workplace can't defend against your claim by saying you were negligent in triggering the unfortunate incident. It is a "shield" that provides protection to Companies from having to pay staff members a lot of the damages that are readily available to non-employees who are hurt as a result of the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Gulfport, FL Work Compensation Attorneys Call our office Right now to schedule an appointment - 800-874-2577

This scenario clarifies the "sword and shield" aspect of workers' compensation. Let's declare Evan is a remarkably sloppy chef. He rarely focuses on what he's working on. He's going out the back door at the workplace, hands loaded with garbage, to toss in the dumpster. As he rushes down the well-lighted backstairs, he slips and falls down hurting his midfoot. His employer goes to his aid, and notices that Evan as usual was transporting way too much to be safe and his shoe laces were undone. You may perhaps assume that Evan doesn't have a claim because his neglect caused the personal injury. Yet you'd be mistaken.

Gulfport companies and residential or commercial property owners are lawfully liable for taking care of their facilities and must maintain it in a reasonably free from danger condition and alert occupants of any dangerous conditions of which they are conscious or need to be aware.

Now let's alter the facts a little bit. Evan instead of being reckless is significantly careful. He always ties up his no slip shoes in double knots, never ever rushes down the stairways, and certainly never transports more than he can. However his supervisor has been relatively neglectful recently. The light source on the staircases burned out, and he recognizes that one of the steps is fractured and is a tripping risk. Nonetheless he's too hectic to address that problem right now. As a result, Evan trips on the broken dark staircase that his boss knew of, but didn't even bother to notify Evan about. If you think that Evan can possibly now take legal action against his boss or Employer for negligence due to his boss's negligent behaviors, you would likely also be wrong. Careless Evan possesses the exact same rights as a hurt employee as cautious Evan does. That may appear unreasonable, 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 kinds of benefits in The Sunshine State. First of all, you need to be an employee. Independent contractors (or 1099 staff members) are not entitled to work comp benefits. Also, the business that you work with has to be big enough to be required to carry work comp benefits. If there are not at least four workers, then the Employer isn't obligated to offer worker's compensation insurance unless it is a construction job As well, presently there are particular jobs that usually are not protected in Florida under workers comp. Some examples of occupations that are not covered are most real estate agents, owner-operators of eighteen-wheelers, the majority of volunteers, and taxi cab drivers.

So let's claim you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you sustain injuries or have an accident at the office? Just like many legal questions, the answer is that it depends. First, the accident or trauma needs to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially implies that some element of the work caused the accident. An example of a fairly regular injury occurrence at work that is not frequently a job related accident is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during work hours, this is not most likely to count as a worker comp accident. It may have occurred at work, but the job did not cause the cardiac arrest. Even if you have a very stressful career and you're supervisor has been harassing you relentlessly and you have a stroke due somewhat to the other emotional toll work takes on you, this is not likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in nature and unconnected to your job functions. Because of this the simple fact that the calamity developed at work is not good enough. Exceptions to these exemptions emerge if: (a) you are engaged in an unusual strain or exertion at work, or (b) you are involved in an employment where there is a presumption that such an event is work-related - like a law enforcement officer or fire fighter.

"In the course and scope of employment" is also required for an accident to be protected under Workers Compensation. To be in the course of employment, you actually have to be at your job. If you have a car or truck collision either on your way to work or on your way home, a large number of times those personal injuries are not going to be considered job related injuries. There are exceptions. To remain in the scope of employment, you have to be doing something related to work or even at the very least engaged in some sort of reasonable activity the Business could possibly have foreseen. If your employment is to do paperwork 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 the very best shape that personal injury is definitely not going to be considered work-related. You have foolishly drifted from your job duties to the point that what you're doing during the time of trauma is no longer sufficiently connected to work to get considered work-related.

Therefore, 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 accident that arose out of work, what do you receive? To remain entitled to lost wages, you will have to miss a certain amount of work and the disability has to last a specific period of time. If you skip no more than a few days from work, you're not going to collect lost earnings. At the same time if you have a trauma that heals within just three full weeks, you're not entitled to short-term benefits. If you do sustain an accident that places you out of work for a prolonged period of time, then you will earn compensation. Nonetheless, this compensation is not your whole earnings. Rather you get around two-thirds of what you were making at the time of the personal injury. If the health professional says no work at all, at that point you get 66.67% of what you were making at the time of the injury. If the health care provider states you can work with restrictions AND the Company is unable to accommodate those limitations, you may obtain 64% of your pay. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you obtain no reimbursement. So bottom line is that if you are missing your job because of a work associated accident, you will lose earnings. The greater your injury, the more earnings you can lose. Unless you settle your case eventually, those lost wages are gone for good and will certainly not be recovered.

Thus 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 accident that arose out of work, what do you receive? To remain entitled to lost wages, you will have to miss out a particular amount of workdays and the incapacity has to last a certain period of time. If you miss less than a week from work, you're not going to collect lost earnings. Additionally if you have an injury that heals within three weeks, you're not entitled to short-term benefits. If you do sustain an accident that places you out of work for an extended time, then you will obtain compensation. Nonetheless, this remuneration is not your full salary. Instead you collect approx two-thirds of what you were making at the time of the personal injury. If the physician says no work at all, then you receive 66.67% of what you were making at the time of the accident. If the physician says you can work with limitations 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 obtain no compensation. So bottom line is that if you are missing your job because of a work-related injury, you will lose wages. The greater your injury, the more paychecks you can forfeit. Unless you settle your case eventually, those lost wages are gone for good and will not be recovered.

A further restriction on your chance to obtain lost wages is that those benefits are only given for a particular period of time. Once you have acquired maximum medical improvement, which is the physicians way of pointing out you're good to go, you don't get anymore temporary benefits. Even if you have not come back to work or your job 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, but those benefits are less than the temporary and they are very short lived. They generally just last a matter of a few weeks or calendar months. Only very few injured workers, the most badly injured, have a likelihood of being given long term permanent benefits called permanent total disability.

When it comes to medical care, your rights or benefits also have substantial constraints. If you have injuries that calls for critical care, then you can get that care without first acquiring Company or workers' compensation insurance company authorization. Right after that early treatment, who you see for health treatment is not your choosing. Your Employer or more often its workers comp insurance company may notify you who you can treat with. If you don't like the health professional they choose, then you may get a one-time change but that's it. On top of that, you don't have the ability to select that next physician either. Once again the workers comp 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 health insurance will not pay for it.

One particular of the few positive 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 provider is accountable for all other expenses of medical care including prescription medication and physical therapy. Still as you have the ability to probably see now, workers' compensation is not an awesome program. It's also a complicated system.

If you find yourself in the workers comp system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Errors made in the workers' compensation system could be troublesome if not impossible to unwind. Plus some mistakes can mean the end of your case altogether. Therefore, if you have a workers' comp accident, get in touch with us immediately. The advice is free of cost, and you are under no obligation to hire us. Assuming that you do retain 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!

No Fee Unless We Win or Settle!

At Trial Pro, our accident lawyers operate on a contingency fee basis. This means our firm covers the costs of researching, constructing, negotiating and litigating your insurance claim. We do not bill you a single thing unless our lawyers recover compensation on your behalf. If we do not win your lawsuit, you will owe us absolutely nothing.

Our Gulfport personal injury legal professionals also offer free assessments to assess the elements of your case and establish if you have a suit. Schedule a Free Consultation

If you or someone else you love has been impaired as a result of someone else's negligence or carelessness, you need a dependable attorney by your side who is knowledgeable with the policies and regulations in The Sunshine State.

Our Gulfport injury legal professionals are well-versed in injury lawsuits and have been acknowledged by our peers for our accomplishments. A few of our legal professionals have been identified as Super Lawyers and prominent litigators for their achievements in behalf of our clients.

We have recovered desirable judgments and compensations that were instrumental in enabling our clients recover 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 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