After experiencing an accident in Naples, 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 Naples law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Naples 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 Lake Harbor. 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, Winter Springs, Hiawassee, Lake Mary, Lehigh Acres, Page Park and more!

Frequently Asked Questions About Workers Compensation in Lake Harbor, 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 Lake Harbor Workers' Compensation Lawyers Who Know How to Win Tough Claims

Are you searching for a Workers' Compensation Law Firm near you? If you are hurt, we recognize you may not be capable to visit our offices. If you're not able to come to us, our experts can come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury law matters. Our practice areas include all kinds of accidents; motor vehicle accidents, motorcycle accidents, wrongful death claims, slip-and-fall accidents, large trucks collisions, construction accidents and workplace accidents. 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 such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Call our office for a free and confidential assessment of how we can help.

Work Comp in FL is a legally required system of benefits that are available to most people who are 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 can be totally responsible or neglectful in leading to an injury, also this does not exclude individuals from obtaining benefits. However your workplace or colleague might be negligent in triggering the accident, and this particular does not entitle you to additional benefits. Workers' compensation is claimed as being equally a shield and a sword as far as providing for benefits. It is a "sword" because your employer can not defend against your claim by saying you were negligent in triggering the injury. It is a "shield" that offers protection to Companies from having to pay staff members many of the damages that are available to non-employees who are injured or hurt after the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Lake Harbor, FL Work Compensation Attorneys Contact our office for a complementary case assessment right away - 800-874-2577

This scenario exposes the "sword and shield" factor of Work Comp. Let's point out Evan is a considerably reckless cook. He barely keeps an eye on what he's doing. He's going out the back entrance at the workplace, hands loaded with trash, to toss in the dumpster. As he rushes down the illuminated stairs, he slips and falls down damaging his talus. His supervisor goes to his aid, and observes that Evan as is usual was carrying way too much to be safe and his shoelaces were actually undone. You might probably expect that Evan may not have a claim simply because his neglect led to the injury. However you'd be wrong.

Lake Harbor, FL businesses and home owners are lawfully responsible for looking after their premises and need to always keep it in a within reason safe condition and warn occupants of any hazardous conditions of which they are conscious or should be aware.

And now let's change the facts just a bit. Evan instead of being careless is quite vigilant. He always ties his no slip shoes in double knots, certainly never rushes down the staircases, and by no means carries more than he can. Nevertheless his business manager has been relatively neglectful lately. The lighting on the stairways burned out, and he recognizes that one of the steps is broken and is a tripping hazard. Nevertheless he's too busy to deal with that problem right away. As a result, Evan trips on the broken down dark stair that his employer knew of, however failed to even try to warn Evan about. If you think that Evan can possibly now file suit his manager or Employer for negligence as a result of his manager's negligent actions, you would most likely also be off-target. Reckless Evan possesses the same legal rights as a seriously injured worker as cautious Evan does. That may appear unreasonable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

So let's examine who is eligible to these kinds of benefits in FL. First of all, you need to be an employee. Independent contractors (or 1099 staff members) are not qualified to work comp benefits. Additionally, the company that you work with must be big enough to be required to hold worker's compensation benefits. In the event that there aren't a minimum of four employees, then the Company isn't expected to offer workers' comp coverage except if it is a building and construction employment Also, there are a number of jobs that usually are not covered in The Sunshine State under workers comp. Examples of occupations that are not covered are the majority of real estate agents, owner-operators of trucks, almost all volunteers, and taxi cab drivers.

Therefore let's claim you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you sustain an injury or have an accident at the office? Like many legal inquiries, the answer is that it depends. First and foremost, the calamity or personal injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some element of the work caused the accident. An example of a relatively regular injury occurrence at the workplace that is not typically a job related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack during the course of work hours, this is not likely going to count as a workers compensation injury. It may have occurred at work, but the work did not inflict the cardiac arrest. Whether or not you have a very demanding job and you're boss has been harassing you relentlessly and you feature a stroke due somewhat 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 contemplated to be personal in character and not related to your job responsibilities. Subsequently the simple fact that the misfortune occurred at the workplace is not enough. Exceptions to these exclusions arise if: (a) you are engaged in an unusual strain or effort at work, or (b) you are involved in an occupation where there is a anticipation that such activity is work-related - such as a law enforcement officer or fire fighter.

"In the course and scope of employment" is in addition required for an injury to be protected under Workers Compensation Insurance. To be in the course of employment, you literally have to be at work. If you have a vehicle wreck either on your way to work or on your way home, a large number of instances those incidents are not going to be considered job related injuries. There are exceptions. To be in the span of employment, you must be doing a task related to work or at the very least engaged in some sort of reasonable task the Employer could possibly have foreseen. If your employment is to perform paperwork in an office but you hurt yourself when you and your colleague decide to have a run down the stairway to see who's in the very best condition that accident is certainly not going to be considered work-related. You have unreasonably drifted from your work duties to the point that what you're doing at the time of trauma is no more sufficiently connected to work to be considered work-related.

So let's say you've cleared the hurdles of being a worker that's injured in the course and scope of your job by an injury that arose out of work, what do you receive? To remain entitled to lost wages, you have to miss a particular amount of work and the incapacity has to last a certain period of time. If you miss out no more than a week from your job, you're not going to receive lost earnings. Also if you have a trauma that heals in just three full weeks, you're not qualified to short-term benefits. If you do suffer an injury that places you out of work for an extended time, then you will get compensation. Having said that, this remuneration is not your entire income. Instead you get about two-thirds of what you were making at the time of the injury. If the health care provider says no work at all, at that point you get 66.67% of what you were making at the time of the accident. If the doctor states you can work with limitations AND the Business is not able to accommodate those restrictions, you may get 64% of your compensation. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no compensation. So bottom line is that if you are missing work because of a work-related accident, you will lose earnings. The greater your injury, the more wages you can forfeit. Unless you settle your case at some time, those lost paychecks 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 injury that arose out of work, what do you obtain? 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 less than a few days from work, you're not going to be given lost earnings. In addition if you have an injury that heals within three full weeks, you're not qualified to temporary benefits. If you do sustain an accident that places you out of work for a prolonged period of time, then you will earn compensation. However, this remuneration is not your entire earnings. Instead you receive as much as two-thirds of what you were making at the time of the accident. If the health care provider says no work at all, then you receive 66.67% of what you were earning at the time of the injury. If the medical professional says you can work with limitations AND the Company is unable to accommodate those restrictions, you may get 64% of your income. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no compensation. So bottom line is that if you are missing work as a result of a work-related injury, you will lose earnings. The greater your injury, the more earnings 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 restriction on your ability to earn lost wages is that those benefits are just given for a certain period of time. As soon as you have obtained maximum medical improvement, which is the health professionals way of pointing out you're on the right track now, you don't get any more temporary benefits. Even if you have not gone back to work or your job is no more available, your temporary benefits end. If you receive an impairment rating caused by a permanent injury, you will receive permanent impairment benefits, although those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few work-weeks or calendar months. Only very handful of 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 considerable constraints. If you have injuries that entails emergency care, then you can get that care without first getting Workplace or workers' compensation insurance company approval. Just after that early medical care, who you see for health treatment is not your choosing. Your Employer or more often its work compensation insurance service provider are going to tell you who you can treat with. If you don't prefer the health care provider they choose, then you can receive a one time change but that's it. On top of that, you don't have the ability to select that next doctor 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 medical doctor expense. Your health plan won't cover it.

At least one of the few positive elements of the medical care is that you do not pay for it period, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance company is accountable for all other costs of medical care including prescription drugs and physical therapy. Still as you can probably see by now, workers' comp is not an ideal program. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off obtaining advice and possibly legal representation sooner rather than later. Mistakes made in the workers' comp system could be tough or even impossible to unwind. Moreover certain errors can mean the end of your case entirely. Therefore, if you have a workers' comp accident, speak to us promptly. The consultation is absolutely free, and you are under no commitment to retain us. In case you do retain us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for our clients!

We Don't Get Paid Until You Get Paid

At Trial Pro, our collision attorneys operate on a contingency fee basis. That means our firm cover the expenses of reviewing, building, negotiating and litigating your lawsuit. We do not bill you anything unless our legal professionals recover compensation on your behalf. If we do not win your insurance claim, you will pay us absolutely nothing.

Our Lake Harbor personal injury attorneys also provide free assessments to study the details of your claim and establish if you have a suit. Schedule a Free Consultation

If you or someone you love has been hurt due to someone else's negligence or carelessness, you need a renowned attorney by your side who is familiar with the laws and laws in FL.

Our Lake Harbor personal injury legal professionals are skilled in injury lawsuits and have been acknowledged by our peers for our success. A few of our lawyers have been classified as Super Lawyers and prominent litigators for their success in behalf of our clients.

We have recovered desirable verdicts and compensations that were instrumental in aiding our clients recover 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 Collier 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