After experiencing an accident in Fort Myers, 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 Fort Myers law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Fort Myers lawyers hold a strong reputation for winning cases, and we do everything in our power to deliver the results you're expecting.
If you live in Immokalee, Florida, or any of its surrounding cities and counties, and you're searching for a worker's compensation lawyer, you've come to the right place. At Trial Pro, P.A., we're dedicated to fighting hard for our clients who have suffered workplace injuries.
Workplace injuries can be devastating and often result in permanent disability or even death. Unfortunately, employers and their insurance companies can be challenging to deal with, and they may try to avoid paying the proper compensation to injured workers. That's where we come in.
At Trial Pro, P.A., we have the knowledge and experience to help you get the compensation you deserve. We've handled countless worker's compensation cases over the years and are confident in our ability to get results for our clients.
When you come to us for help, we'll work closely with you to understand the details of your case. We'll gather all the necessary evidence, including medical records and witness statements, and use our expertise to build a solid case on your behalf.
We know how important it is to get compensation for your injuries, and we'll fight aggressively to ensure you get everything you're entitled to. We'll negotiate with your employer and their insurance company to try to settle, and if necessary, we'll take your case to court.
Don't wait to get the help you need. If you've been injured on the job, contact us today to schedule a consultation. We're ready to put our knowledge and experience to work for you.
If you're considering hiring a worker's compensation lawyer in Immokalee, FL, you should know a few things about the legal proceedings that may follow.
First, it's essential to understand that worker's compensation cases are handled differently than personal injury cases. In a worker's compensation case, you do not need to prove that your employer was at fault for your injuries. Instead, you must show that you were injured while on the job.
However, just because the fault isn't an issue doesn't mean these cases are easy to win. Employers and their insurance companies may try to deny your claim or offer you a settlement far less than what you're entitled to.
That's where having a skilled worker's compensation lawyer on your side can make all the difference. With the right attorney, you'll have someone who can negotiate with the insurance company on your behalf, fight for the compensation you deserve, and take your case to court if necessary.
At Trial Pro, P.A., we understand the importance of getting the compensation you need after a workplace injury. We're prepared to go to bat for you and your family in Immokalee, FL, and we're committed to doing everything possible to help you through this challenging time.
If you've been injured on the job, please contact us to schedule a consultation. We'll listen to your story, answer any questions you may have, and help you understand your legal options. With Trial Pro, P.A. on your side, you can rest assured that you have a skilled and dedicated advocate fighting for your rights.
Workers' compensation in Florida covers a wide range of injuries that can occur while performing various job duties. The most common workplace injuries include repetitive strain injuries, slip and fall accidents, machinery accidents, and vehicle accidents. However, workers' compensation laws in Florida also cover diseases and illnesses that can result from workplace exposure to hazardous chemicals, dust particles, and other harmful substances. Injured workers who are facing medical bills, lost wages, and other expenses related to their injury should know that they have legal rights under Florida's workers' compensation system.
If you are in Immokalee, Florida, or the surrounding areas of Naples, Fort Myers, or Punta Gorda, and have been injured on the job, Trial Pro, P.A. may be able to help you. Our team of experienced workers' compensation attorneys has helped hundreds of injured workers obtain the compensation they deserve. We understand that suffering a work injury can be overwhelming, and we are here to help you navigate the complicated workers' compensation system. At Trial Pro, P.A., we will fight to ensure that you receive the maximum benefits available under Florida law.
In conclusion, if you have been injured on the job, it is crucial to contact an experienced workers' compensation attorney as soon as possible. At Trial Pro, P.A., we can help you understand your legal rights and options for obtaining the compensation you need to recover from your injury. Whether you have questions about obtaining medical benefits or wage replacement benefits, we are here to help. We offer free consultations, so do not hesitate to contact us today to learn more about how we can assist you in obtaining the benefits you are entitled to.
Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in Immokalee. 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, Mims, Oak Ridge, Southchase, Brandon, Everglades and more!
Frequently Asked Questions About Workers Compensation in Immokalee, 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 Immokalee Workers' Compensation Attorneys Who Know How to Succeed In Tough Suits
Are you trying to find a Work Compensation Law Firm near you? If you are injured or hurt, we recognize you may not be able to drop by our offices. Let us go to your place!
Trial Pro, P.A. represents Floridians in a variety of personal injury judicial matters. Our practice areas include all forms of injuries; motor vehicle accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, semi collisions, construction injuries and workers' compensation 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 cities like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Call our firm for a free and confidential discussion of your case.
Work Comp in Florida is a legally required system of benefits that are readily available to most workers who are injured at work. It is a no-fault system, meaning that for the most part negligence in the root cause of an injury is a non-issue. You can be completely to blame or neglectful in leading to an accident, also this does not disqualify you from obtaining benefits. On the other hand your manager or colleague might be negligent in leading to the injury, and this particular does not qualify you to additional benefits. Work Comp is said for being equally a shield and a sword as far as providing for benefits. It is a "sword" in that your Boss can not defend against your claim by saying you were negligent in creating the injury. It is a "shield" that protects Companies from having to pay staff members a lot of the damages that are readily available to non-employees who are injured or hurt after the accident.
Need to file a Work Comp Claim? Talk with our Expert Immokalee Workers' Comp Lawyers Please call our office so we may discuss your case with you - 800-874-2577
This situation depicts the "sword and shield" angle of Worker's Comp. Let's suppose Evan is a very sloppy cook. He hardly focuses on what he's working on. He's heading out the back entrance at work, hands loaded with waste, to toss in the dumpster. As he races down the illuminated stairways, he trips and falls down fracturing his fibula. His employer goes to his aid, and witnesses that Evan as usual was carrying way too much to be safe and his shoe laces were untied. You might expect that Evan doesn't have a case due to the fact that his recklessness caused the injury. Yet you would be wrong.
Immokalee, Florida companies and residential or commercial property owners are lawfully accountable for maintaining their properties and have to always keep it in a reasonably risk-free condition and warn occupants of any harmful conditions of which they are aware or need to be aware.
Now let's alter the facts to some extent. Evan as opposed to being sloppy is exceptionally conscientious. He always ties his no slip work shoes in double knots, certainly never races down the stairs, and never carries more than he should. Nevertheless his boss has been relatively slack recently. The lighting on the stairs burned out, and he recognizes that one of the steps is busted and is a tripping hazard. Then again he's too busy to handle that problem now. As a result, Evan trips on the broken dark staircase that his employer knew of, however failed to even try to caution Evan about. If you suppose that Evan can now file suit his boss or Workplace for negligence as a result of his manager's careless practices, you would most likely also be mistaken. Unmindful Evan has the exact same legal rights as a hurt person as mindful Evan does. That may appear 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 benefits in The Sunshine State. To start with, you have to be an employee. Independent contractors (or 1099 staff members) are not qualified to work comp benefits. Additionally, the organization that you work for must be big enough to be required to hold work comp benefits. If there aren't at the very least four staff members, then the Employer isn't required to hold workers' comp insurance unless it is a construction employment Also, presently there are a few occupations that aren't covered in The Sunshine State under workers' compensation. Samples of occupations that are not covered are nearly all real estate agents, owner-operators of eighteen-wheelers, the majority of volunteers, and taxi drivers.
Therefore let's state that you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at work? Like many legal inquiries, the answer is that it depends. To start with, the accident or injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work generally means that some aspect of the task triggered the accident. A good example of a fairly regular injury occurrence at the workplace 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 workers compensation accident. It may have happened at work, but the work did not lead to the heart attack. Even if you have a very arduous career and you're employer has been harassing you relentlessly and you have a stroke due partly to the other emotional 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 character and unrelated to your job duties. Consequently the simple fact that the misfortune developed at work is not sufficient. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or effort at the workplace, or (b) you are involved in an occupation where there is a anticipation that such activity is work-related - for example, a police officer or fireman.
"In the course and scope of employment" is in addition required for an injury to be protected under Workers Compensation. So as to be in the course of employment, you certainly have to be at your job. If you have a auto traffic collision either on your way to work or on your way home, the majority of instances those collisions are not going to be considered job related injuries. There are exceptions. To remain in the span of employment, you must be conducting a task related to work in other words at least engaged in some sort of reasonable task the Employer could possibly have anticipated. If your position is to perform paperwork in an office but you injure or hurt yourself when you and your friend choose to have a race down the stairway to see who's in the very best condition that injury 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 that time of injury is no longer sufficiently linked to work to get considered work-related.
So let's claim that you've cleared the hurdles of being an employee that's 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 must miss out a particular amount of work and the injury has to last a particular period of time. If you miss out no more than a week from your job, you're not going to receive lost earnings. In addition if you have an injury that heals within three full weeks, you're not entitled to short-term benefits. If you do sustain a trauma that keeps you out of work for a prolonged period of time, then you will obtain compensation. Nevertheless, this compensation is not your whole salary. Rather you receive about two-thirds of what you were earning at the time of the accident. If the health professional says no work at all, at that point you receive 66.67% of what you were earning at the time of the injury. If the physician claims you can work with restrictions AND the Company is not able to accommodate those limitations, you may receive 64% of your compensation. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no compensation. So bottom line is that if you are missing work as a result of a work associated accident, you will lose earnings. The greater your impairment, the more earnings you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will not be recovered.
So 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 obtain? To remain entitled to lost wages, you have to miss a particular amount of workdays and the incapacity has to last a certain period of time. If you miss no more than a week from your job, you're not going to be given lost wages. In addition if you have a trauma that heals in just three weeks, you're not entitled to short-term benefits. If you do sustain a personal injury that keeps you out of work for an extended period of time, then you will obtain compensation. However, this remuneration is not your entire earnings. Rather you get as much as two-thirds of what you were making at the time of the accident. If the physician says no work at all, then you get 66.67% of what you were earning at the time of the accident. If the health care provider claims you can work with limitations AND the Company is not able to accommodate those limitations, you may obtain 64% of your wages. But if your Boss 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 as a result of a work-related accident, you will lose earnings. The lengthier your impairment, the more earnings you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will definitely not be recovered.
A further restriction on your ability to receive lost wages is that those benefits are only given for a particular period of time. As soon as you have obtained maximum medical improvement, which is the doctors way of expressing you're good to go, you don't get anymore temporary benefits. Even if you have not returned to work or your position is no longer available, your temporary benefits end. If you get 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 typically just last a matter of a few weeks or calendar months. Just very few injured employees, the most badly injured, have a chance of receiving long term permanent benefits called permanent total disability.
Every time it relates to medical care, your rights or benefits also have significant constraints. If you have an injury that requires emergency care, then you can get that care without first acquiring Workplace or workers' comp service provider authorization. Just after that very first medical care, who you see for medical care is not your choice. Your Employer or often its workers compensation insurance company will notify you exactly who you can treat with. If you don't like the health professional they choose, then you might receive a one-time change but that's it. Plus, you don't have the ability to pick that next physician either. One more time the workers comp insurance provider picks the doctor. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health professional out of pocket. Your health plan won't cover it.
At least one of the few beneficial elements of the health care is that you do not pay for it at all, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance provider is accountable for all other expenses of medical care including prescribed drugs and physical therapy. Still as you can probably see now, workers' comp is not a marvelous program. It's also a complex system.
If you find yourself in the workers comp system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Mistakes made in the workers' comp system could be challenging if not impossible to unwind. Moreover some errors can guarantee the end of your case altogether. Therefore, if you have a workers' comp accident, contact us immediately. The consultation is free of charge, and you are under no obligation to retain us. In case you do retain us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for you!
No Fee Unless We Win or Settle!
At Trial Pro, our collision attorneys operate on a contingency fee basis. That means our experts cover the expenses of investigating, building, negotiating and litigating your case. We do not bill you anything unless we recover compensation on your behalf. If we do not win your suit, you will pay us nothing at all.
Our Immokalee injury lawyers also offer no cost evaluations to discuss the details of your case and determine if you have a case. Arrange a Free Examination
If you or someone else you love has been injured because of someone else's negligence or carelessness, you need a renowned attorney by your side who is knowledgeable with the laws and regulations in Florida.
Our Immokalee personal injury lawyers are well-versed in tort lawsuits and have been recognized by our peers for our successes. Some of our lawyers have been identified as Super Lawyers and distinguished litigators for their accomplishments in behalf of our clients.
We have recovered favorable verdicts and compensations that contributed in enabling our clients to recoup from their personal injuries or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your traumas.
Acquiring Compensation for Your Workplace Injury in Lee 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