After experiencing an accident in Naples, 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 Naples law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Naples 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 Hendry County. 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, Tampa Bay, Clermont, Tampa, Saint Cloud, Lake Suzy and more!

Frequently Asked Questions About Workers Compensation in Hendry County, 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 Hendry County Workers Compensation Lawyers Who Know How to Succeed In Tough Proceedings

Are you trying to find a Work Compensation Attorneys near you? If you are injured, we understand you may not be able to drop by our offices. If you're unable to come to our office, our firm can come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury judicial matters. Our practice areas include all kinds of injuries; car collisions, motorcycle accidents, wrongful death cases, slip-and-fall injuries, eighteen-wheeler collisions, construction injuries and workers compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to clients in areas like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and throughout Florida. Get in touch with our firm for an absolutely free and confidential assessment of your case.

Workers' compensation in Florida is a legally required system of benefits that are readily available 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 entirely at fault or negligent in leading to an accident, moreover this does not exclude individuals from obtaining benefits. However your employer or coworker can possibly be negligent in leading to the unfortunate incident, and this particular does not qualify you to additional benefits. Work Comp is claimed for 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 triggering the injury. It is a "shield" that provides protection to Employers from having to pay employees a lot of the damages that are readily available to non-employees who are injured or hurt as a result of the accident.

Need to file a Work Comp Claim? Talk with our Expert Hendry County, FL Workers' Comp Attorneys Call Trial Pro, P.A. right away for a free consultation - 800-874-2577

This situation illustrates the "sword and shield" part of workers' compensation. Let us's state that Evan is a remarkably sloppy baker. He barely pays attention to what he's working on. He's going out the side door at the workplace, hands full of trash, to throw in the dumpster. As he races down the illuminated stairways, he slips and collapses hurting his leg. His manager goes to his aid, and observes that Evan as is the custom was transporting excessive amounts of trash to be safe and his shoe laces were untied. You may perhaps expect that Evan doesn't have a claim just because his carelessness caused the injury. However you'd be mistaken.

Hendry County businesses and residential or commercial property owners are legally liable for maintaining their premises and must keep it in a fairly free from danger condition and advise occupants of any harmful conditions of which they are aware or should be aware.

Now let's alter the facts slightly. Evan as opposed to being reckless is remarkably vigilant. He consistently ties up his no slip boots in double knots, never ever runs down the stairways, and never transports a lot more than he can. But his business manager has been somewhat slack recently. The lamp on the stairways burned out, and he knows that one of the steps is fractured and is a tripping risk. However he's too busy to take care of that issue now. As a result, Evan trips on the broken unlit stairway that his manager knew of, and yet didn't even bother to tell Evan about. If you believe that Evan is able to now file a claim against his boss or Employer for negligence as a result of his manager's negligent actions, you would likely also be off-target. Negligent Evan possesses the same legal rights as an injured person as cautious Evan does. That may seem unreasonable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

So let's examine who is qualified to these particular benefits in The Sunshine State. First of all, you must be an employee. Independent contractors (or 1099 professionals) are not qualified to work comp benefits. Secondly, the organization that you work with needs to be large enough to be required to carry worker's compensation benefits. In the case that there aren't at the very least four staff members, then the Employer isn't expected to carry work comp insurance unless it is a construction employment Also, there are particular occupations that usually are not covered in Florida under workers' compensation. Some examples of occupations that aren't covered are nearly all real estate agents, owner-operators of eighteen-wheelers, almost all volunteers, and taxi cab drivers.

Just let's claim that you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you suffer an injury or have an accident at the office? Like many legal issues, the answer is that it depends. To start with, the accident or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work basically denotes that some aspect of the job triggered the accident. An example of a reasonably regular injury occurrence at the workplace that is not commonly a work-related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during the course of work hrs, this particular is not likely going to count as a workers' comp injury. It may have occurred at work, but the job did not trigger the cardiac arrest. Even if you have an extremely stressful job and you're supervisor has been harassing you relentlessly and you feature a stroke due partly 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 regarded to be personal in character and not related to your job responsibilities. Therefore the fact that the incident took place at work is not sufficient. Exceptions to these exemptions arise if: (a) you are engaged in an unusual stress or exertion at the workplace, or (b) you are involved in an employment where there is a probability that such an event is work-related - which include a police officer or fire fighter.

"In the course and scope of employment" is also required for an accident to be protected under workers' comp. So as to be in the course of employment, you really have to be at work. If you have a car wreck either on your way to work or on your way home, a large number of instances those wrecks are not going to be considered job related accidents. There are exceptions. To remain in the range of employment, you have to be doing something related to work or at the very least engaged in some form of reasonable task the Company could have foreseen. If your occupation is to do desk work in a business office but you injure or hurt yourself when you and your friend choose to have a race down the staircase to see who's in the best shape that injury is not going to be considered work-related. You have foolishly deviated from your work duties to the point that what you're doing at the time of injury is no more sufficiently linked to work to be considered work-related.

So let's say 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 receive? To be entitled to lost wages, you will have to miss out a certain amount of work and the disability has to last a certain period of time. If you skip barely a full week from work, you're not going to collect lost wages. At the same time if you have a trauma that heals within three weeks, you're not qualified to temporary benefits. If you do suffer a personal injury that keeps you out of your job for an extended period of time, then you will receive compensation. Nonetheless, this remuneration is not your full income. Instead you receive approximately two-thirds of what you were making at the time of the personal injury. If the physician 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 health professional says you can work with limitations AND the Business is unable to accommodate those limitations, you may receive 64% of your salary. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing work as a result of a work-related accident, you will lose earnings. The greater your disability, the more wages you can lose. Unless you settle your case eventually, those lost wages are gone for good and will certainly not be recovered.

So 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 receive? To be entitled to lost wages, you have to miss a particular amount of workdays and the incapacity has to last a particular period of time. If you miss barely a week or so from work, you're not going to get lost wages. Additionally if you have an injury that heals within three weeks, you're not qualified to temporary benefits. If you do sustain a trauma that manages to keep you out of work for a prolonged time, then you will earn compensation. Nonetheless, this compensation is not your entire income. Rather you obtain around two-thirds of what you were making at the time of the personal injury. If the health professional says no work at all, then you get 66.67% of what you were earning at the time of the accident. If the medical professional says you can work with limitations AND the Business is unable to accommodate those restrictions, you will obtain 64% of your pay. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no compensation. So bottom line is that if you are missing your job because of a work-related accident, you will lose earnings. The greater your injury, the more paychecks you can lose. Unless you settle your case at some point, those lost paychecks are gone for good and will certainly not be recovered.

A further limitation on your chance to earn lost wages is that those benefits are just paid for a certain period of time. As soon as you have achieved maximum medical improvement, which is the health professionals way of stating you're as good as you're going to get, you don't get anymore temporary benefits. Despite the fact that you have not come back to work or your job is no more available, your temporary benefits end. If you get an impairment rating as a result of a permanent injury, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few weeks or months. Only very handful of injured employees, the most severely hurt, have a likelihood of acquiring 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 entails emergency care, at that point you can get that care without first getting Workplace or workers' compensation service provider approval. Shortly after that very first treatment, who you see for medical care is not your selection. Your Employer or more frequently its workers comp insurance service provider are going to tell you exactly who you can treat with. If you don't like the doctor they choose, then you may obtain a one-time change but that's it. Furthermore, you don't get to pick that next medical professional either. 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 won't cover it.

At least one of the few positive aspects of the medical care is that you do not 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 prescribed medicine and physical therapy. Still as you have the ability to probably see now, workers' compensation is not a marvelous program. It's also a complex system.

If you find yourself in the workers comp system, you're better off getting guidance and possibly a lawyer sooner rather than later. Mistakes made in the workers' compensation system could be very difficult if not impossible to unwind. And even a number of errors can guarantee the end of your case altogether. Therefore if you have a workers' compensation injury, consult us as soon as possible. The advice is totally free, and you are under no commitment to hire us. In case 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 you!

Only Pay When Your Lawyer Wins Your Case

At Trial Pro, P.A., our traffic collision attorneys operate on a contingency fee basis. That means our firm covers the costs of reviewing, building, negotiating and litigating your claim. We do not bill you a single thing unless our legal professionals recover compensation on your behalf. If we don't win your case, you will pay us nothing.

Our Hendry County personal injury lawyers also provide cost-free assessments to review the specifics of your case and establish if you have a suit. Schedule a Free Examination

If you or another person you love has been hurt because of someone else's negligence or carelessness, you need a highly regarded lawyer by your side who is familiar with the statutes and regulations in Florida.

Our Hendry County personal injury legal professionals are skilled in personal injury litigation and have been acknowledged by our peers for our achievements. Some of our legal professionals have been mentioned as Super Lawyers and prominent litigators for their achievements in behalf of our clients.

We have recovered desirable judgments 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 injuries.

Acquiring Compensation for Your Workplace Injury in Collier 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