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 Hillsborough 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, Sanford, Citrus Park, Cape Coral, Gulfport, Lake Harbor and more!
Frequently Asked Questions About Workers Compensation in Hillsborough 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 Hillsborough County Work Comp Attorneys Who Know How to Win Tough Suits
Are you looking for a Workers' Compensation Attorneys near you? If you are injured, we understand you may not have the ability to pay a visit to our offices. If you're unable to come to us, we can come to you!
Trial Pro, P.A. works with Floridians in a variety of personal injury legal matters. Our practice areas include all types of injuries; auto accidents, motorcycle collisions, wrongful death claims, slip-and-fall injuries, tractor-trailer collisions, construction injuries and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to clients in areas like Fairview Shores, Oakland, Avalon Park, Arcadia, Gibsonton, Bloomingdale and all throughout Florida. Contact our office 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 hurt on the job. It is a no-fault system, meaning that for the most part negligence in the cause of an accident is a non-issue. You could be totally responsible or negligent in triggering an injury, also this does not exclude individuals from receiving benefits. On the other hand your workplace or coworker could be negligent in causing the accident, and this particular does not qualify you to additional benefits. Work Comp is said to be equally a shield and a sword as far as providing for benefits. It is a "sword" because your Workplace simply cannot defend against your claim by saying you were negligent in creating the unfortunate incident. It is a "shield" that offers protection to Employers from having to pay staff members many of the damages that are accessible to non-employees who are hurt due to the accident.
Need to file a Workers' Compensation Claim? Talk with our Expert Hillsborough County Work Compensation Attorneys To schedule your free initial consultation Call Trial Pro as soon as possible - 800-874-2577
This situation depicts the "sword and shield" factor of workers' compensation. Let's claim Evan is a considerably careless baker. He rarely keeps an eye on what he's doing. He's going out the back door at work, hands full of trash, to put in the dumpster. As he runs down the well-lighted staircases, he trips and collapses breaking his arm. His manager comes to his aid, and notices that Evan as usual was carrying excessive amounts of trash to be safe and his shoelaces were simply undone. You might expect that Evan does not have a case considering that his neglect induced the unfortunate incident. Yet you would be not right.
Hillsborough County businesses and residential or commercial property owners are by law liable for looking after their premises and have to keep it in a within reason safe and secure condition and warn occupants of any hazardous conditions of which they are aware or should be aware.
And now let's alter the facts to some extent. Evan rather than being sloppy is exceptionally cautious. He always ties his no slip boots in double knots, never ever rushes down the staircases, and under no circumstances holds a lot more than he can. However his boss has been relatively neglectful lately. The lamp on the stairways blown out, and he realizes that one of the steps is broken and is a tripping risk. Nevertheless he's too busy to address that problem right now. As a result, Evan trips on the faulty dark stairway that his employer knew of, and yet didn't even try to inform Evan about. If you expect that Evan can easily now take legal action against his boss or Workplace for negligence due to his boss's careless practices, you would also be off-target. Negligent Evan has the exact same legal rights as a hurt employee as cautious Evan does. That may seem unjustifiable, 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 kinds of benefits in Florida. First of all, you must be an employee. Independent contractors (or 1099 staff members) are not qualified to work comp benefits. Also, the company that you work for has to be large enough to be required to possess workers' comp benefits. In the case that there aren't at the very least four employees, then the Company isn't expected to hold workers' comp coverage unless it is a construction job As well, presently there are particular jobs that usually are not covered in FL under workers comp. Samples 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 state that you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you sustain injuries or have an accident on the job? Like many legal questions, the answer is that it depends. Before all else, the accident or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work basically denotes that some element of the job triggered the accident. A good example of a relatively common injury occurrence at the workplace that is not commonly a work-related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack in the middle of work hrs, this particular is not likely going to count as a workers compensation accident. It may have occurred at work, but the job did not inflict the cardiac arrest. Even if you have an extremely stressful career and you're employer has been harassing you non-stop and you feature a stroke due in part to the other psychological toll work takes on you, this is not going to be covered. The heart attack, stroke, or other "internal failures " are regarded to be personal in nature and unconnected to your work duties. Subsequently the fact that the misfortune occurred on the job is not enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual stress or exertion at work, or (b) you are involved in an occupation where there is a presumption that such activity is work-related - for example, a police officer or fireman.
"In the course and scope of employment" is also required for an injury to be covered under Workers Compensation. To be in the course of employment, you really have to be at your job. If you have a car or truck traffic collision either on your way to work or on your way home, a large number of times those traffic collisionsare not going to be considered job related accidents. There are exceptions. To be in the scope of employment, you must be conducting something related to work or even at the very least engaged in some type of reasonable task the Employer could have anticipated. If your job is to do paperwork in a business office but you hurt yourself when you and your friend choose to have a run down the stairway to see who's in the very best shape that accident is 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 trauma is no longer sufficiently connected to work to be regarded as work-related.
Thus let's claim that you've cleared the hurdles of being an employee that's injured in the course and scope of your job by an injury that arose out of work, what do you get? To be entitled to lost wages, you must miss a certain amount of work and the injury has to last a particular period of time. If you miss out no more than a few days from your job, you're not going to receive lost wages. At the same time if you have an injury that heals in just three weeks, you're not entitled to short-term benefits. If you do suffer an accident that places you out of job for an extended period of time, then you will receive compensation. However, this compensation is not your entire paycheck. Instead you collect about two-thirds of what you were earning at the time of the accident. If the doctor says no work at all, at that time you get 66.67% of what you were earning at the time of the injury. If the physician says you can work with limitations AND the Company is not able to accommodate those limitations, you may get 64% of your income. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no reimbursement. 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 forfeit. Unless you settle your case eventually, those lost wages are gone for good and will certainly not be recovered.
Therefore, let's say 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 receive? To be entitled to lost wages, you must miss a certain amount of work and the injury has to last a specific period of time. If you miss out less than a full week from your job, you're not going to collect lost wages. Additionally if you have a trauma that heals within three full weeks, you're not entitled to temporary benefits. If you do sustain an accident that manages to keep you out of work for an extended time, then you will earn compensation. That being said, this compensation is not your whole earnings. Instead you get approximately two-thirds of what you were making at the time of the injury. If the health professional says no work at all, at that time you receive 66.67% of what you were making at the time of the injury. If the medical professional suggests you can work with restrictions AND the Company is not able to accommodate those restrictions, you will receive 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 compensation. So bottom line is that if you are missing your job as a result of a work associated injury, you will lose earnings. The greater your disability, the more paychecks you can lose. Unless you settle your case at some time, those lost paychecks are gone for good and will definitely not be recovered.
A further constraint on your opportunity to earn lost wages is that those benefits are only given for a specific period of time. Once you have acquired maximum medical improvement, which is the health professionals way of saying you're on the right track now, you don't get any more temporary benefits. Even when you have not returned 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, 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 calendar months. Just very few injured employees, the most seriously injured, have a chance of being given long-term permanent benefits called permanent total disability.
When it relates to medical care, your rights or benefits also have considerable limitations. If you have an injury that calls for emergency care, at that point you can get that care without first acquiring Company or workers' compensation provider approval. After that initial medical care, who you see for health treatment is not your decision. Your Employer or more frequently its work comp insurance company will notify you who exactly you can treat with. If you don't like the health care provider they pick, then you may obtain a one time change but that's it. Plus, you don't have the ability to select that next physician either. Once again the work compensation insurance carrier picks the health professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that doctor expense. Your health insurance will not cover it.
At least one of the few positive aspects of the health care is that you don't pay for it period, other than a $10 copayment once 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 can probably see by now, workers' compensation is not an outstanding system. It's also a complex system.
If you find yourself in the workers compensation system, you're better off getting advice and possibly a lawyer sooner rather than later. Mistakes made in the workers' compensation system may be very difficult if not impossible to unwind. And even a few mistakes can signify the end of your case completely. Therefore if you have a workers' comp injury, speak with us as soon as possible. The advice is free, and you are under no obligation to hire us. In case you do hire us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for our clients!
We Don't Get Paid Until You Get Paid
At Trial Pro, P.A., our personal injury lawyers operate on a contingency fee basis. This means we cover the costs of investigating, building, negotiating and litigating your case. We do not charge you a single thing unless we recover compensation on your behalf. If we don't win your lawsuit, you will owe us nothing at all.
Our Hillsborough County personal injury attorneys also provide no charge consultations to assess the specifics of your claim and establish if you have a lawsuit. Schedule a Free Consultation
If you or someone you love has been injured as a result of someone else's negligence or carelessness, you need a good attorney by your side who is knowledgeable with the statutes and laws in The Sunshine State.
Our Hillsborough County personal injury legal professionals are well-versed in tort litigation and have been acknowledged by our peers for our successes. A few of our attorneys have been named as Super Lawyers and notable litigators for their achievements in behalf of our clients.
We have recovered desirable judgments and compensations that were instrumental 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 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
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