After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire maximum 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 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 Mary. 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, Sebastian, Tildenville, Clarcona, Alafaya, Venus and more!
Frequently Asked Questions About Workers Compensation in Lake Mary, 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 Lake Mary Workers' Compensation Attorneys Who Know How to Succeed In Tough Claims
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Trial Pro, P.A. works with Floridians in a range of personal injury judicial matters. Our practice areas include all sorts of accidents; motor vehicle collisions, motorcycle accidents, wrongful death claims, slip-and-fall injuries, truck accidents, construction accidents and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to people in cities such as Yalaha, Dr. Phillips, Narcoossee, Rotonda West, Harlem Heights, Labelle and all over Florida. Call our office for an absolutely free and confidential discussion of your case.
Workers' compensation in Lake Mary, FL is a legally required system of benefits that are readily available to most people who are hurt at work. It is a no-fault system, meaning that for the most part negligence in the root cause of an accident is a non-issue. You could be entirely at fault or negligent in leading to an accident, and this does not disqualify you from receiving benefits. However your manager or colleague might be negligent in triggering the unfortunate incident, and this does not qualify you to additional benefits. Worker's Comp is claimed to be both a shield and a sword as for providing for benefits. It is a "sword" because your Boss can not defend against your claim by saying you were negligent in triggering the unfortunate incident. It is a "shield" that safeguards Workplaces from having to pay workers many of the damages that are available to non-employees who are injured cause by the accident.
Need to file a Workers' Comp Claim? Talk with our Expert Lake Mary Workers' Comp Attorneys Call our office Right now for an absolutely free case evaluation - 800-874-2577
This instance exposes the "sword and shield" factor of workers' compensation. Let's state that Evan is a remarkably reckless cook. He rarely focuses on what he's working on. He's going out the back door at work, hands full of waste, to toss in the dumpster. As he races down the well-lit staircases, he trips and collapses cracking his talus. His boss comes to his aid, and observes that Evan as usual was carrying excessive amounts of garbage to be safe and his shoelaces were untied. You might probably expect that Evan does not have a case because his negligence triggered the injury. However you'd be wrong.
Lake Mary, Florida businesses and residential or commercial property owners are by law accountable for maintaining their properties and need to always keep it in a fairly risk-free condition and notify occupants of any hazardous conditions of that they are conscious or need to be aware.
Now let's change the facts just a little. Evan rather than being reckless is quite vigilant. He actually ties his no slip work shoes in repeated knots, never races down the staircases, and under no circumstances holds more than he should. However his employer has been relatively slack recently. The lighting on the stairways burned out, and he realizes that one of the steps is damaged and is a tripping risk. Then again he's too tied up to deal with that issue right now. Consequently, Evan trips on the busted unlit stair that his boss knew about, however failed to even try to warn Evan about. If you feel that Evan can now file a claim against his manager or Workplace for negligence as a result of his manager's careless practices, you would most likely also be mistaken. Negligent Evan possesses the same rights as a seriously injured employee as mindful Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
Therefore, let's examine who is qualified to these benefits in The Sunshine State. First of all, you have to be an employee. Independent contractors (or 1099 professionals) are not qualified to workers' compensation benefits. Secondly, the organization that you work for needs to be large enough to be required to possess workers' comp benefits. In the event that there aren't a minimum of four employees, then the Business isn't required to offer work comp insurance except if it is a construction employment As well, presently there are a few jobs that usually are not covered in The Sunshine State under work comp. Some examples of occupations that aren't covered are nearly all real estate agents, owner-operators of rigs, almost all volunteers, and taxi cab 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 a personal injury or have an accident at work? Like many legal questions, the answer is that it depends. Before all else, the accident 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 element of the job triggered the accident. A good example of a fairly frequent injury instance at work that is not typically a job related injury is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack during work hours, this is not going to count as a workers' comp injury. It may have occurred at work, but the job did not inflict the heart attack. Even if you have a very arduous career and you're boss has been harassing you relentlessly and you feature a stroke due partly 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 considered to be personal in character and unrelated to your job responsibilities. Consequently the simple fact that the misfortune took place at work is not enough. Exceptions to these exemptions arise if: (a) you are engaged in an unusual strain or effort at the workplace, or (b) you are involved in a line of work where there is a anticipation that such activity is work-related - for instance a police officer or fire fighter.
"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 genuinely have to be at your job. If you have a car crash either on your way to work or on your way home, most instances those accidents are not going to be considered job related injuries. There are exceptions. To be in the range of employment, you have to be conducting a task related to work or at the very least engaged in some sort of reasonable task the Company could have anticipated. If your occupation is to perform paperwork in a business office but you injure yourself when you and your colleague decide to have a race down the staircase to see who's in optimum shape that personal 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 the time of injury is no longer sufficiently linked to work to be regarded as work-related.
Thus 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 accident that arose out of work, what do you receive? To remain entitled to lost wages, you will have to miss out a particular amount of workdays and the disability has to last a certain period of time. If you skip less than a week from your job, you're not going to be given lost earnings. Additionally if you have a trauma that heals within three full weeks, you're not qualified to short-term benefits. If you do sustain a personal injury that keeps you out of job for an extended time, then you will receive compensation. On the other hand, this compensation is not your entire salary. Rather you get approximately two-thirds of what you were earning at the time of the accident. If the health care provider 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 health care provider says you can work with restrictions AND the Company is unable to accommodate those limitations, you will 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 receive no reimbursement. So bottom line is that if you are missing your job as a result of a work associated accident, you will lose wages. The longer your impairment, the more wages you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will definitely not be recovered.
So let's claim that 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 must miss a certain amount of workdays and the incapacity has to last a particular period of time. If you miss out no more than a full week from your job, you're not going to receive lost wages. At the same time if you have an injury that heals in less than three weeks, you're not qualified to short-term benefits. If you do suffer a trauma that manages to keep you out of your job for a lengthy period of time, then you will obtain compensation. On the other hand, this compensation is not your whole paycheck. Rather you receive approximately two-thirds of what you were making at the time of the injury. If the medical professional says no work at all, at that point you receive 66.67% of what you were earning at the time of the accident. If the health professional states you can work with restrictions AND the Employer is unable to accommodate those limitations, you may receive 64% of your wages. 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 greater your disability, the more earnings you can lose. Unless you settle your case at some point, those lost wages are gone for good and will certainly not be recovered.
A further constraint on your opportunity to get lost wages is that those benefits are only paid for a certain period of time. As soon as you have obtained maximum medical improvement, which is the doctors way of saying you're as good as you're going to get, you will not get any more temporary benefits. Even if you have not come back to work or your job 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 commonly just last a matter of a few weeks or calendar months. Only very handful of injured employees, the most badly injured, have a chance of receiving long term permanent benefits called permanent total disability.
Every time it comes down to medical care, your rights or benefits also have big constraints. If you have injuries that requires emergency care, at that point you can get that care without first getting Employer or workers' compensation service provider authorization. Just after that very first medical care, who you see for health care is not your choosing. Your Employer or often its workers compensation insurance company are going to inform you who you can treat with. If you don't prefer the medical professional they choose, then you may get a one time change but that's it. Furthermore, you don't get to select that next health professional either. Once again the workers comp insurance carrier picks the doctor. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor expense. Your medical insurance won't cover it.
At least one of the few beneficial aspects of the medical care is that you don't pay for it at all, other than a $10 copayment once you reach maximum medical improvement. The insurance provider is accountable for all other expenses of medical care including prescription drugs and physical therapy. Still as you can probably see now, workers' compensation is not a tremendous system. It's also a complicated system.
If you find yourself in the work compensation system, you're better off getting guidance and possibly an attorney sooner rather than later. Mistakes made in the workers' comp system can be challenging or even impossible to unwind. And even a number of errors can guarantee the end of your case entirely. Therefore if you have a workers' comp injury, speak with us immediately. The consultation is absolutely free, and you are under no commitment to hire us. Assuming 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 you!
We Don't Get Paid Until You Get Paid
At Trial Pro, our traffic collision lawyers operate on a contingency fee basis. This means our experts cover the costs of researching, constructing, negotiating and litigating your claim. We do not bill you a single thing unless we recover compensation on your behalf. If we don't win your claim, you will owe us nothing at all.
Our Lake Mary personal injury attorneys also offer cost-free consultations to discuss the particulars of your case and determine if you have a suit. Arrange a Free Consultation
If you or someone else you love has been hurt because of someone else's negligence or neglectfulness, you need a renowned lawyer on your side who is knowledgeable with the statutes and laws in Florida.
Our Lake Mary personal injury attorneys are skilled in accident lawsuits and have been acknowledged by our peers for our success. Several of our legal professionals have been classified as Super Lawyers and distinguished litigators for their achievements on behalf of our clients.
We have recovered desirable judgments and compensations that contributed in aiding 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 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