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 Lee County. 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, Hiawassee, Casselberry, Saint Petersburg, Winter Springs, Reunion and more!

Frequently Asked Questions About Workers Compensation in Lee County, 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 Lee County Workers' Compensation Lawyers Who Know How to Succeed In Tough Cases

Are you looking for a Workers' Compensation Attorneys near you? If you are injured, we understand you may not be capable to drop by our offices. Let us come to you!

Trial Pro, P.A. works with Floridians in a variety of personal injury law matters. Our practice areas include all kinds of injuries; motor vehicle collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, eighteen-wheeler collisions, construction accidents and workplace 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 like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Contact our firm for a completely free and confidential assessment of your case.

Workers' compensation in FL is a legally required system of benefits that are accessible to most employees who are injured or 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 totally to blame or negligent in leading to an accident, moreover this does not disqualify you from receiving benefits. In contrast your supervisor or coworker can be negligent in leading to the unfortunate incident, and this specific does not qualify you to more benefits. Worker's Comp is claimed for being simultaneously a shield and a sword as for providing for benefits. It is a "sword" because your employer simply cannot defend against your claim by saying you were negligent in causing the injury. It is a "shield" that offers protection to Companies from having to pay workers a lot of the damages that are available to non-employees who are hurt as a result of the accident.

Need to File a Workers' Compensation Claim? Talk with our Expert Lee County, Florida Work Comp Lawyers Call our office As soon as possible and put our team of expert attorneys to work for you now - 800-874-2577

This good example depicts the "sword and shield" aspect of Work Comp. Let's state that Evan is a remarkably reckless chef. He rarely cares about what he's working on. He's heading out the side door at work, hands full of garbage, to put in the dumpster. As he runs down the well-lighted backstairs, he slips and collapses injuring his scapula. His boss goes to his aid, and observes that Evan as is the custom was carrying excessive amounts of trash to be safe and his shoelaces were simply untied. You might actually think that Evan may not have a case due to the fact that his negligence led to the personal injury. But you'd be wrong.

Lee County, FL companies and home owners are lawfully liable for looking after their properties and must maintain it in a reasonably safe and sound condition and notify occupants of any dangerous conditions of which they are aware or should be aware.

Now let's alter the facts a little bit. Evan rather than being reckless is significantly careful. He actually ties up his no slip work shoes in repeated knots, not ever races down the stairways, and never ever holds a lot more than he should. On the other hand his supervisor has been fairly neglectful recently. The light bulb on the staircases burned out, and he knows that one of the steps is fractured and is a tripping hazard. However he's too hectic to take care of that problem right away. Consequently, Evan trips on the broken down dark stairway that his employer knew of, but didn't even bother to notify Evan about. If you think that Evan can possibly now litigate his manager or Employer for negligence due to his boss's negligent practices, you would likely also be mistaken. Reckless Evan possesses the very same rights as an injured employee as vigilant Evan does. That may seem unjust, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore, let's examine who is eligible to these types of benefits in FL. To start with, you have to be an employee. Independent contractors (or 1099 workers) are not qualified to workers' compensation benefits. Secondly, the business that you work for has to be big enough to be required to bear workers' comp benefits. If there aren't a minimum of four workers, then the Business isn't required to hold workers' comp insurance except if it is a construction job Also, presently there are certain occupations that aren't covered in The Sunshine State under workers' compensation. Instances of occupations that aren't covered are nearly all real estate agents, owner-operators of eighteen-wheelers, almost all volunteers, and taxi cab drivers.

Therefore, let's assume you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you sustain injuries or have an accident at the office? Like many legal questions, the answer is that it depends. First and foremost, the accident or personal injury must "arise out of" and be "in the course and scope" of employment. Arising out of work generally implies that some aspect of the task led to the accident. An example of a relatively common injury occurrence at the workplace that is not commonly a work-related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest during work hours, this specific is not really going to count as a workers compensation accident. It may have happened at work, but the job did not trigger the cardiac arrest. Whether or not you have a very demanding career and you're manager has been harassing you relentlessly and you feature a stroke due partially to the other psychological and mental 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 unconnected to your job duties. Consequently the fact that the incident happened on the job is not sufficiently. Exceptions to these exemptions arise if: (a) you are involved in an unusual stress or effort at work, or (b) you are involved in a line of work where there is a presumption that such activity is work-related - such as a law enforcement officer or fire fighter.

"In the course and scope of employment" is required for an accident to be protected under workers' comp. So as to be in the course of employment, you in essence 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 the instances those collisions are not going to be regarded as job related accidents. There are exceptions. To remain in the scope of employment, you must be doing a task related to work or at least engaged in some kind of reasonable task the Company could possibly have foreseen. If your employment is to perform desk work in an office space but you hurt yourself when you and your friend choose to have a race down the stairway to see who's in the best condition that injury is definitely not going to be considered work-related. You have foolishly drifted from your job duties to the point that what you're doing during the time of trauma is no more sufficiently linked to work to be regarded as work-related.

So 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 accident that arose out of work, what do you get? To remain entitled to lost wages, you will have to miss out a certain amount of workdays and the injury has to last a specific period of time. If you miss less than a week or so from your job, you're not going to be given lost earnings. In addition if you have a trauma that heals in just three weeks, you're not qualified to short-term benefits. If you do sustain an injury that manages to keep you out of work for an extended period of time, then you will get compensation. On the other hand, this compensation is not your whole salary. Instead you get approx two-thirds of what you were making at the time of the injury. If the health care provider says no work at all, then you get 66.67% of what you were earning at the time of the injury. If the health professional suggests you can work with restrictions AND the Company is unable to accommodate those restrictions, you will receive 64% of your wages. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no reimbursement. So bottom line is that if you are missing work because of a work-related accident, you will lose wages. The lengthier your injury, the more paychecks you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will not be recovered.

Therefore, 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 receive? To be entitled to lost wages, you must miss a certain amount of workdays and the disability has to last a certain period of time. If you miss out barely a full week from work, you're not going to be given lost earnings. Additionally if you have an injury that heals within just three weeks, you're not entitled to short-term benefits. If you do suffer an accident that keeps you out of job for a prolonged time, then you will earn compensation. On the other hand, this remuneration is not your full wage. Instead you obtain about two-thirds of what you were making at the time of the personal 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 injury. If the medical professional says you can work with limitations AND the Company is not able to accommodate those limitations, you may receive 64% of your salary. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing work due to a work associated accident, you will lose earnings. The lengthier your injury, the more earnings you can forfeit. Unless you settle your case eventually, those lost wages are gone for good and will not be recovered.

A further limitation on your chance to earn lost wages is that those benefits are only paid for a specific period of time. Once you have acquired maximum medical improvement, which is the doctors way of saying you're on the right track now, you do not get any more temporary benefits. Despite the fact that you have not come back to work or your position is no longer available, your temporary benefits end. If you get an impairment rating as a result of 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 work-weeks or calendar months. Only very few injured employees, the most seriously injured, have a chance of being given long term permanent benefits called permanent total disability.

When it pertains to medical care, your rights or benefits also have major limitations. If you have an injury that entails emergency care, then you can get that care without first obtaining Employer or workers' compensation insurance company authorization. Following that initial medical care, who you see for health care is not your decision. Your Employer or more often its work compensation insurance service provider will tell you who exactly you can treat with. If you don't like the health professional they select, then you can get a one-time change but that's it. On top of that, you don't get to pick that next health professional either. Again the work comp insurance provider picks the health care provider. 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 insurance will not pay for it.

One of the few positive aspects of the medical care is that you don't pay for it period, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is responsible for all other expenses of medical care including prescribed medicine and physical therapy. Still as you have the ability to probably see already, workers' comp is not a great program. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off getting advice and perhaps legal representation sooner rather than later. Mistakes made in the workers' compensation system can be hard if not impossible to unwind. Moreover a number of errors can signify the end of your case entirely. So if you have a workers' compensation accident, contact us as soon as possible. The consultation is completely free, and you are under no commitment to retain us. If you do retain us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for our clients!

Our "No Fee Unless We Win" Policy

At Trial Pro, our accident attorneys operate on a contingency fee basis. That means our firm cover the expenses of investigating, constructing, negotiating and litigating your insurance claim. We do not charge you a single thing unless our attorneys recover compensation on your behalf. If we don't win your suit, you will owe us nothing at all.

Our Lee County injury attorneys also provide complimentary consultations to examine the details of your claim and determine if you have a case. Schedule a Free Examination

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

Our Lee County injury legal professionals are well-versed in tort lawsuits and have been recognized by our peers for our achievements. Several of our attorneys have been identified as Super Lawyers and prominent litigators for their victories on behalf of our clients.

We have recovered desirable verdicts and settlements that were instrumental in helping our clients recoup from their injuries or the loss of a loved one. Let us help you recover the maximum 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