After experiencing an accident in Melbourne, 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 Melbourne law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Melbourne 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 Indialantic. 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, Citrus Park, Winter Springs, Ybor City, Lehigh Acres, Palm River and more!

Frequently Asked Questions About Workers Compensation in Indialantic, 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 Indialantic Work Comp Attorneys Who Know How to Succeed In Challenging Suits

Are you looking for a Work Comp Lawyers near you? If you are injured, we understand you may not be capable 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 sorts of personal injuries; auto collisions, motorcycle collisions, wrongful death claims, slip-and-fall accidents, 18-wheeler collisions, construction accidents and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to people in areas like West Eau Gallie, Cape Canaveral, Suntree, Indialantic, Lotus, Sharpes and throughout Florida. Contact our firm for a complimentary and confidential discussion of your case.

Worker's Comp in FL is a legally required system of benefits that are readily available to most workers 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 to blame or neglectful in resulting in an accident, moreover this does not exclude you from obtaining benefits. In contrast your workplace or colleague can be negligent in triggering the accident, and this specific does not qualify you to even more benefits. Worker's Comp is claimed to be both a shield and a sword as far as providing for benefits. It is a "sword" because your Workplace can't defend against your claim by saying you were negligent in triggering the unfortunate incident. It is a "shield" that shields Employers from having to pay workers a lot of the damages that are accessible to non-employees who are injured following the accident.

Need to file a Workers' Compensation Claim? Talk with our Expert Indialantic, Florida Work Compensation Lawyers If you need aggressive representation, our law practice can help you. Call our office As soon as possible - 800-874-2577

This good example clarifies the "sword and shield" part of Worker's Comp. Let's state Evan is a very sloppy cook. He rarely cares about what he's doing. He's going out the back door at work, hands loaded with garbage, to toss in the dumpster. As he runs down the luminous stairways, he trips and collapses cracking his clavicle. His manager goes to his aid, and observes that Evan once and again was transporting way too much to be safe and his shoe laces were simply untied. You might actually assume that Evan does not have a claim considering that his neglect led to the personal injury. However you would be mistaken.

Indialantic businesses and property owners are legally accountable for taking care of their premises and must always keep it in a reasonably risk-free condition and caution occupants of any harmful conditions of that they are conscious or need to be aware.

Now let's alter the facts just a bit. Evan rather than being sloppy is tremendously meticulous. He always ties his no slip work shoes in repeated knots, not ever races down the stairs, and certainly never carries a lot more than he can. However his business manager has been fairly slack recently. The light on the stairways burned out, and he knows that one of the steps is busted and is a tripping risk. Nevertheless he's too busy to handle that problem right now. Consequently, Evan trips on the busted dark staircase that his boss knew about, but failed to even bother to notify Evan about. If you guess that Evan can easily now take legal action against his boss or Workplace for negligence as a result of his manager's careless practices, you would likely also be wrong. Reckless Evan has the same legal rights as a seriously injured employee as cautious Evan does. That may appear unjust, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore let's analyze who is qualified to these benefits in Florida. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to work comp benefits. Secondly, the business that you work for must be large enough to be required to hold worker's compensation benefits. If there are not a minimum of four staff members, then the Employer isn't obligated to hold worker's compensation insurance coverage except if it is a construction employment As well, presently there are a number of occupations that aren't protected in Florida under work comp. Some examples of jobs that aren't covered are many real estate agents, owner-operators of rigs, most volunteers, and taxi cab drivers.

So 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 an injury or have an accident at work? Just like many legal issues, the answer is that it depends. Primarily, the calamity or trauma has to "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some aspect of the job triggered the accident. An example of a reasonably frequent injury instance at the workplace that is not usually a work-related accident is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest during the course of work hours, this specific is not really going to count as a worker comp injury. It may have occurred at work, but the job did not lead to the heart attack. Whether or not you have a very arduous job and you're supervisor has been harassing you non-stop 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 contemplated to be personal in nature and unassociated to your job functions. For that reason the fact that the calamity happened on the job is not good enough. Exceptions to these exclusions arise if: (a) you are involved in an unusual strain or exertion on the job, or (b) you are involved in an occupation where there is a presumption that such activity is work-related - for instance a law enforcement officer or fireman.

"In the course and scope of employment" is required for an injury to be covered under Workers' Compensation Benefits. So as to be in the course of employment, you actually have to be at work. If you have a vehicle crash either on your way to work or on your way home, a lot of instances those unfortunate incidents are not going to be considered work-related accidents. There are exceptions. To remain in the scope of employment, you need to be engaging in a task related to work in other words at the very least engaged in some form of reasonable activity the Business could have anticipated. If your employment is to perform paperwork in an office but you injure yourself when you and your friend choose to have a race down the stairs to see who's in the very best shape that accident is definitely 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 personal injury is no longer sufficiently connected to work to be considered work-related.

Therefore, let's say you've cleared the hurdles of being an employee that's hurt 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 have to miss out a particular amount of work and the incapacity has to last a certain period of time. If you skip no more than a few days from work, you're not going to receive lost earnings. Additionally if you have a trauma that heals in less than three weeks, you're not entitled to temporary benefits. If you do suffer a trauma that places you out of work for a lengthy period of time, then you will earn compensation. Unfortunately, this compensation is not your entire income. Rather you get around two-thirds of what you were earning at the time of the accident. If the medical professional says no work at all, at that point you get 66.67% of what you were earning at the time of the accident. If the doctor claims you can work with restrictions AND the Employer is not able to accommodate those restrictions, you will receive 64% of your compensation. But if your Boss 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 your job due to a work-related injury, you will lose earnings. The greater your disability, the more wages you can forfeit. Unless you settle your case eventually, those lost earnings 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 injured or hurt 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 must miss a certain amount of work and the disability has to last a particular period of time. If you miss out less than a few days from work, you're not going to receive lost wages. Additionally if you have a trauma that heals within three full weeks, you're not entitled to temporary benefits. If you do suffer an personal injury that manages to keep you out of your job for a lengthy time, then you will get compensation. That being said, this compensation is not your full income. Rather you obtain about two-thirds of what you were making at the time of the injury. If the health professional says no work at all, at that point you get 66.67% of what you were earning at the time of the accident. If the health professional says you can work with limitations AND the Business is unable to accommodate those restrictions, you will receive 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 obtain no compensation. So bottom line is that if you are missing work due to a work associated accident, you will lose earnings. The greater your injury, the more earnings you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.

A further restriction on your ability to get lost wages is that those benefits are just paid for a specific period of time. As soon as you have attained maximum medical improvement, which is the physicians way of pointing out you're on the right track now, you do not get anymore temporary benefits. Even when you have not gone back 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. Only very few injured workers, the most severely hurt, have a chance of acquiring long term permanent benefits called permanent total disability.

When it comes down to medical care, your rights or benefits also have significant constraints. If you have injuries that calls for emergency care, then you can get that care without first getting Company or workers' compensation insurance company authorization. Shortly after that very first medical care, who you see for medical care is not your choosing. Your Employer or often its workers comp insurance provider will likely tell you exactly who you can treat with. If you don't like the health professional they pick, then you might get a one-time change but that's it. Moreover, you don't get to select that next health care provider either. One more time the workers compensation insurance carrier picks the health professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health care provider out of pocket. Your health plan will not cover it.

At least one of the few beneficial 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 costs of medical care including prescription medicine and physical therapy. Still as you can probably see now, workers' compensation is not a great program. It's also a complex system.

If you find yourself in the work comp system, you're better off getting guidance and possibly an attorney sooner rather than later. Errors made in the workers' compensation system can be troublesome if not impossible to unwind. Moreover a number of errors can mean the end of your case altogether. Therefore if you have a workers' compensation injury, consult with us promptly. The consultation is totally free, and you are under no obligation to retain us. On the assumption that you do hire us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for our clients!

We Don't Get Paid Unless You Recover

At Trial Pro, P.A., our traffic collision attorneys work on a contingency fee basis. That means our firm covers the costs of reviewing, building, negotiating and litigating your case. We do not bill you a single thing unless our attorneys recover compensation on your behalf. If we do not win your lawsuit, you will owe us absolutely nothing.

Our Indialantic personal injury attorneys also offer no cost evaluations to examine the elements of your insurance claim and establish if you have a lawsuit. Set Up a Free Evaluation

If you or somebody else you love has been impaired due to someone else's negligence or neglectfulness, you need a highly regarded attorney on your side who is knowledgeable with the laws and laws in Florida.

Our Indialantic personal injury legal professionals are well-versed in tort lawsuits and have been recognized by our peers for our success. A few of our legal professionals have been mentioned as Super Lawyers and distinguished litigators for their victories in behalf of our clients.

We have recovered desirable verdicts and compensations that were instrumental in assisting 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 Brevard 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