Trial Pro P.A. is proud to advocate for workers\' compensation victims all over the state of Florida, including our office in Horizons West. 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, Gulfport, Dr. Phillips, Holden Heights, Lake Monroe, Pine Manor and more!
Frequently Asked Questions About Workers Compensation in Horizons West, 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 Horizons West Work Compensation Attorneys Who Know How to Succeed In Challenging Claims
Are you trying to find a Work Comp Law Firm near you? If you are hurt, we understand you may not be able to pay a visit to our offices. If you're unable to come to us, our experts can come to you!
Trial Pro, P.A. represents Floridians in a variety of personal injury law matters. Our practice areas include all kinds of personal injuries; motor vehicle collisions, motorcycle collisions, wrongful death cases, slip-and-fall accidents, 18-wheeler collisions, construction injuries and work comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to clients in cities such as Groveland, Waterford Lakes, Apopka, Hialeah, Pine Ridge, Lake Placid and all over Florida. Get in touch with our office for a completely free and confidential discussion of how we can help.
Workers' compensation in Florida is a legally required system of benefits that are available to most people 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 completely at fault or neglectful in leading to an injury, moreover this does not exclude individuals from getting benefits. In contrast your boss or coworker may possibly be negligent in causing the accident, and this does not entitle you to extra benefits. is said to be both a shield and a sword as for providing for benefits. It is a "sword" in that your employer can not defend against your claim by saying you were negligent in causing the injury. It is a "shield" that safeguards Workplaces from having to pay employees a lot of the damages that are accessible to non-employees who are injured or hurt cause by the unfortunate incident.
Need to file a Work Comp Claim? Talk with our Expert Horizons West Workers' Compensation Lawyers Contact us Today to set up a free evaluation - 800-874-2577
This good example explains the "sword and shield" aspect of workers' compensation. Let's say Evan is a very reckless chef. He hardly focuses on what he's doing. He's going out the side door at the workplace, hands packed with garbage, to put in the dumpster. As he rushes down the well-lighted staircases, he slips and falls down injuring his knee cap. His supervisor goes to his aid, and observes that Evan as usual was carrying way too much to be safe and his shoelaces were actually untied. You might actually think that Evan may not have a claim simply because his neglect caused the injury. However, you would be incorrect.
Horizons West companies and property owners are by law responsible for looking after their premises and need to keep it in a fairly risk-free condition and tell occupants of any unsafe conditions of which they are aware or need to be aware.
And now let's alter the facts to some extent. Evan as opposed to being careless is quite careful. He always ties up his no slip work shoes in repeated knots, certainly never rushes down the stairways, and by no means transports more than he should. However, his office manager has been somewhat neglectful lately. The light on the stairs burned out, and he realizes that one of the steps is broken and is a tripping hazard. Nonetheless he's too tied up to deal with that problem at this moment. As a result, Evan trips on the damaged dark stair that his employer knew about, yet failed to even bother to caution Evan about. If you guess that Evan can easily now take legal action against his manager or Employer for negligence as a result of his manager's negligent actions, you would most likely also be mistaken. Careless Evan possesses the very same legal rights as a hurt worker as mindful Evan does. That may seem unfair, 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 particular benefits in The Sunshine State. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to work comp benefits. Secondly, the organization that you work with needs to be big enough to be required to carry work comp benefits. In case there are not a minimum of four staff members, then the Business isn't required to offer work comp coverage except if it is a construction job As well, presently there are particular jobs that usually are not covered in FL under workers' compensation. Cases of occupations that aren't covered are almost all real estate agents, owner-operators of semis, almost all volunteers, and taxi drivers.
Therefore let's assume 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 work? Just like many legal issues, the answer is that it depends. First and foremost, the calamity or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some aspect of the task led to the accident. A good example of a relatively usual injury instance at work that is not typically a work-related injury is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest in the course of work hrs, this specific is not most likely to count as a worker comp accident. It may have occurred at work, but the work did not trigger the cardiac arrest. Even if you have a very demanding job and you're manager has been harassing you relentlessly and you have a stroke due partially 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 character and unconnected to your job duties. Therefore the simple fact that the calamity manifested at the workplace is not sufficient. Exceptions to these exclusions arise if: (a) you are engaged in an unusual strain or exertion at the workplace, or (b) you are involved in an occupation where there is a probability that such an event is work-related - for instance, 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. In order to be in the course of employment, you in essence have to be at work. If you have a vehicle crash either on your way to work or on your way home, the majority of times those car accidents are not going to be considered work-related accidents. There are exceptions. To be in the scope of employment, you must be conducting something related to work in other words at least engaged in some kind of reasonable task the Company could have foreseen. If your employment is to perform paperwork in a business office but you hurt yourself when you and your colleague decide to have a race down the stairway to see who's in optimum condition that personal injury is not going to be considered work-related. You have unreasonably drifted from your job duties to the point that what you're doing at the time of accident is no more sufficiently connected to work to be considered work-related.
Thus 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 accident that arose out of work, what do you get? To be entitled to lost wages, you have to miss out a certain amount of work and the disability has to last a specific period of time. If you miss out less than a few days from your job, you're not going to collect lost wages. Additionally if you have a trauma that heals in less than three weeks, you're not entitled to short-term benefits. If you do suffer a personal injury that keeps you out of job for a prolonged time, then you will receive compensation. Having said that, this compensation is not your full earnings. Rather you get as much as two-thirds of what you were earning at the time of the accident. If the health professional says no work at all, then you receive 66.67% of what you were earning at the time of the injury. If the physician suggests you can work with restrictions AND the Employer is not able to accommodate those restrictions, you may receive 64% of your earnings. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you obtain no compensation. So bottom line is that if you are missing work due to a work-related accident, you will lose wages. The lengthier your impairment, the more wages you can forfeit. Unless you settle your case at some time, those lost wages are gone for good and will definitely not be recovered.
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 accident that arose out of work, what do you get? To remain entitled to lost wages, you must miss out a particular amount of workdays and the disability has to last a certain period of time. If you skip barely a week from work, you're not going to collect lost wages. In addition if you have an injury that heals in less than three full weeks, you're not qualified to short-term benefits. If you do suffer an accident that places you out of your job for a prolonged time, then you will earn compensation. Having said that, this compensation is not your full wage. Rather you get around two-thirds of what you were earning at the time of the personal injury. If the medical professional says no work at all, then you receive 66.67% of what you were making at the time of the injury. If the physician claims you can work with limitations AND the Company is unable to accommodate those limitations, you may receive 64% of your wages. But if your employer 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 your job because of a work-related injury, you will lose earnings. The lengthier your impairment, the more wages you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will certainly not be recovered.
A further limitation on your opportunity to obtain lost wages is that those benefits are only given for a particular period of time. Once you have reached maximum medical improvement, which is the physicians way of pointing out you're good to go, you will not get anymore temporary benefits. Even if you have not returned to work or your job 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, however, those benefits are less than the temporary and they are very short lived. They generally just last a matter of a few weeks or months. Just very handful of injured employees, the most severely hurt, have a likelihood of obtaining long-term permanent benefits called permanent total disability.
Every time it pertains to medical care, your rights or benefits also have significant limitations. If you have an injury that requires emergency care, then you can get that care without first getting Employer or workers' comp provider authorization. After that early treatment, who you see for health care is not your decision. Your Employer or more often its workers comp insurance provider are going to inform you who you can treat with. If you don't like the doctor they select, then you might receive a one time change but that's it. Plus, you don't get to choose that next health professional either. Once again the workers comp insurance provider picks the medical professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your medical insurance will not cover it.
One of the few positive elements of the health care is that you do not pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is responsible for all other expenses of treatment including prescribed medication and physical therapy. Still as you can probably see already, workers' comp is not an outstanding system. It's also a complex system.
If you find yourself in the workers comp system, you're better off getting guidance and possibly an attorney sooner rather than later. Errors made in the workers' comp system can be very difficult if not impossible to unwind. And even certain errors can mean the end of your case completely. So if you have a workers' compensation injury, consult us right away. The advice is totally free, and you are under no commitment to retain us. In the event 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!
We Only Get Paid Attorney Fees, If You Win
At Trial Pro, P.A., our traffic collision lawyers operate on a contingency fee basis. That means we cover the expenses of reviewing, constructing, negotiating and litigating your lawsuit. We do not charge you anything unless we recover compensation on your behalf. If we don't win your suit, you will owe us nothing.
Our Horizons West personal injury lawyers also offer cost-free assessments to evaluate the elements of your insurance claim and establish if you have a case. Arrange a Free Evaluation
If you or someone you love has been impaired because of someone else's negligence or carelessness, you need a prestigious attorney by your side who is familiar with the statutes and regulations in Florida.
Our Horizons West personal injury attorneys are experts in tort litigation and have been acknowledged by our peers for our accomplishments. Some of our legal professionals have been listed as Super Lawyers and prominent litigators for their accomplishments on behalf of our clients.
We have recovered favorable verdicts and settlements that were instrumental in assisting our clients to bounce back from their injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve for your traumas.
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