After experiencing an accident in Orlando, the last thing you desire 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 optimal 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 hands 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 Holden Heights. 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, Collier County, Doctor Phillips, Citrus Park, Oldsmar, Viera and more!
Frequently Asked Questions About Workers Compensation in Holden Heights, 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 Holden Heights Workers' Comp Lawyers Who Know How to Win Challenging Suits
Are you trying to find a Work Compensation Law Firm near you? If you are injured or hurt, we recognize you may not have the ability to pay a visit to our offices. Let us go to your place!
Trial Pro, P.A. represents Floridians in a range of personal injury legal matters. Our practice areas include all forms of personal injuries; auto collisions, motorcycle accidents, wrongful death claims, slip-and-fall injuries, semi-truck accidents, construction injuries and work comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to people in areas such as Aloma, Azalea Park, Umatilla, Everglades, Immokalee, Cape Coral and all over Florida. Contact our law firm for a completely free and confidential discussion of your case.
Worker's Comp in Florida is a legally required system of benefits that are readily available to most employees who are injured at work. It is a no-fault system, meaning that for the most part negligence in the cause of an accident is a non-issue. You can be completely to blame or negligent in triggering an accident, moreover this does not disqualify you from getting benefits. In contrast your supervisor or colleague could be negligent in leading to the unfortunate incident, and this specific does not entitle you to even more benefits. is said to be equally a shield and a sword as far as providing for benefits. It is a "sword" in that your Workplace can not defend against your claim by saying you were negligent in causing the unfortunate incident. It is a "shield" that safeguards Employers from having to pay employees a lot of the damages that are available to non-employees who are hurt after the accident.
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This instance clarifies the "sword and shield" part of Work Comp. Let's point out Evan is a considerably reckless cook. He hardly keeps an eye on what he's doing. He's going out the side door at the workplace, hands packed with trash, to put in the dumpster. As he runs down the resplendent staircases, he trips and falls down injuring his patella. His supervisor comes to his aid, and notices that Evan as usual was carrying way too much to be safe and his shoelaces were actually undone. You may perhaps expect that Evan may not have a case considering that his carelessness resulted in the injury. Yet you would be incorrect.
Holden Heights, Florida businesses and property owners are lawfully liable for maintaining their premises and must maintain it in a reasonably safe and sound condition and warn occupants of any harmful conditions of which they are conscious or need to be aware.
And now let's change the facts slightly. Evan instead of being reckless is significantly meticulous. He actually ties up his no slip work shoes in repeated knots, certainly never races down the stairs, and certainly never carries more than he can. Nevertheless his manager has been fairly neglectful lately. The lamp on the staircases blown out, and he realizes that one of the steps is damaged and is a tripping risk. However he's too busy to handle that problem right now. Consequently, Evan trips on the damaged unlit staircase that his boss knew of, however failed to even try to tell Evan about. If you guess that Evan can easily now file suit his boss or Workplace for negligence due to his manager's reckless behaviors, you would also be mistaken. Reckless Evan possesses the exact same rights as a hurt person as cautious Evan does. That may appear unreasonable, 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. To start with, you must be an employee. Independent contractors (or 1099 staff members) are not qualified to workers' compensation benefits. Subsequently, the company that you work with must be large enough to be required to hold workers' comp benefits. In case there aren't a minimum of four staff members, then the Employer isn't expected to hold work comp insurance coverage unless it is a building and construction job As well, presently there are specific roles that usually are not protected in Florida under workers' compensation. Samples of occupations that are not covered are most real estate agents, owner-operators of rigs, most volunteers, and taxi drivers.
Therefore let's say you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident on the job? Like many legal issues, the answer is that it depends. First and foremost, the accident or trauma has to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence denotes that some aspect of the task triggered the accident. An example of a fairly common injury occurrence at the workplace that is not typically a work-related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack in the course of work hrs, this specific is not most likely to count as a workers compensation injury. It may have happened at work, but the work did not trigger the cardiac arrest. Even if you have a very demanding job and you're employer has been harassing you non-stop and you feature a stroke due partially to the other psychological toll work takes on you, this is not 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 functions. For that reason the fact that the calamity happened at the workplace is not enough. Exceptions to these exclusions emerge if: (a) you are engaged in an unusual strain or exertion on the job, or (b) you are involved in an occupation where there is a anticipation that such activity is work-related - like a police officer or fireman.
"In the course and scope of employment" is in addition required for an injury to be covered under workers' comp. In order to be in the course of employment, you really have to be at your job. If you have a vehicle accident either on your way to work or on your way home, a lot of instances those car accidents are not going to be regarded as work-related injuries. There are exceptions. To remain in the range of employment, you have to be working on a task related to work or at least engaged in some form of reasonable task the Business could possibly have anticipated. If your employment is to perform desk work in an office but you injure or hurt yourself when you and your pal choose to have a race down the staircase to see who's in the best shape that personal injury is not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at that time of trauma is no more sufficiently connected to work to get considered work-related.
So 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 obtain? To be entitled to lost wages, you have to miss out a particular amount of workdays and the injury has to last a certain period of time. If you miss no more than a full week from work, you're not going to get lost earnings. Also if you have a trauma that heals within three full weeks, you're not entitled to temporary benefits. If you do suffer an accident that places you out of your job for an extended period of time, then you will receive compensation. Unfortunately, this remuneration is not your full income. Rather you receive around two-thirds of what you were earning at the time of the injury. If the doctor says no work at all, at that time you get 66.67% of what you were making at the time of the injury. If the medical professional suggests you can work with limitations AND the Employer is unable to accommodate those restrictions, you may receive 64% of your pay. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing your job because of a work-related injury, you will lose earnings. The lengthier 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 say 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 have to miss a particular amount of workdays and the disability has to last a certain period of time. If you miss out no more than a few days from work, you're not going to collect lost wages. Additionally if you have a trauma that heals in less than three weeks, you're not qualified to temporary benefits. If you do sustain a trauma that keeps you out of work for an extended period of time, then you will get compensation. However, this compensation is not your entire salary. Instead you obtain approximately two-thirds of what you were making at the time of the personal injury. If the medical professional says no work at all, then you get 66.67% of what you were earning at the time of the injury. If the doctor suggests you can work with limitations AND the Employer is not able to accommodate those limitations, you may obtain 64% of your paycheck. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you get no compensation. So bottom line is that if you are missing work due to a work-related injury, you will lose earnings. The greater your impairment, the more paychecks you can forfeit. 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 ability to receive lost wages is that those benefits are just given for a specific period of time. As soon as you have attained maximum medical improvement, which is the physicians way of stating you're as good as you're going to get, you don't get any more temporary benefits. Even if 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 injury, you will receive permanent impairment benefits, however those benefits are less than the temporary and they are very short lived. They usually just last a matter of a few weeks or months. Just very few injured workers, the most seriously injured, have a chance of getting long-term permanent benefits called permanent total disability.
Every time it pertains to medical care, your rights or benefits also have considerable limitations. If you have injuries that requires critical care, then you can get that care without first getting Workplace or workers' comp carrier approval. Shortly after that very first treatment, who you see for health care is not your decision. Your Employer or more frequently its work compensation insurance service provider will likely tell you exactly who you can treat with. If you don't like the medical professional they choose, then you can get a one-time change but that's it. Additionally, you don't get to choose that next health professional either. Once again the workers compensation 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 doctor out of pocket. Your health plan will not pay for it.
At least one of the few positive aspects of the health care is that you do not pay for it period, other than a $10 copayment once you reach maximum medical improvement. The insurance company is responsible for all other costs of medical care including prescription medication and physical therapy. Still as you have the ability to probably see already, workers' comp is not an excellent program. It's also a complicated system.
If you find yourself in the work comp system, you're better off getting advice and perhaps legal representation sooner rather than later. Errors made in the workers' comp system may be troublesome or even impossible to unwind. Moreover a number of mistakes can mean the end of your case entirely. Therefore, if you have a workers' compensation injury, speak with us without delay. The advice is free of cost, and you are under no commitment to retain us. Assuming that 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!
No Fees or Expenses Unless You Win
At Trial Pro, our accident attorneys operate on a contingency fee basis. This means our firm cover the expenses of researching, building, negotiating and litigating your claim. We do not bill you anything unless we recover compensation on your behalf. If we don't win your suit, you will owe us nothing.
Our Holden Heights personal injury lawyers also provide completely free evaluations to discuss the elements of your case and determine if you have a case. Schedule a Free Assessment
If you or another person you love has been injured because of someone else's negligence or carelessness, you need a reliable lawyer by your side who is familiar with the policies and regulations in Florida.
Our Holden Heights personal injury attorneys are experts in injury litigation and have been acknowledged by our peers for our accomplishments. A few of our legal professionals have been mentioned as Super Lawyers and prestigious litigators for their accomplishments in behalf of our clients.
We have recovered desirable judgments and compensations that contributed in enabling our clients to bounce back 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 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