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Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in Lockhart. 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, Paradise Heights, Altamonte Springs, Naples, Lockhart, Murdock and more!
Frequently Asked Questions About Workers Compensation in Lockhart, 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 Lockhart Workers' Comp Lawyers Who Know How to Win Challenging Claims
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Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all sorts of injuries; motor vehicle collisions, motorcycle accidents, wrongful death claims, slip-and-fall accidents, tractor-trailer collisions, construction injuries and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to clients in cities like Campbell, Okahumpka, Vista Lakes, North Fort Myers, Forest Island Park, Jerome and throughout Florida. Contact our firm for an absolutely free and confidential discussion of your case.
Worker's Comp in Lockhart is a legally required system of benefits that are readily available to most employees who are injured on the job. 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 causing an accident, also this does not exclude people from getting benefits. However your manager or coworker might be negligent in leading to the unfortunate incident, and this specific does not entitle you to additional benefits. is said to be simultaneously 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 causing the unfortunate incident. It is a "shield" that provides protection to Companies from having to pay staff members a lot of the damages that are accessible to non-employees who are injured due to the unfortunate incident.
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This scenario illustrates the "sword and shield" aspect of workers' compensation. Let us's claim that Evan is an extremely sloppy cook. He rarely keeps an eye on what he's working on. He's going out the side door at the workplace, hands loaded with trash, to put in the dumpster. As he rushes down the well-lighted staircases, he trips and collapses breaking his patella. His manager goes to his aid, and sees that Evan once and again was carrying excessive amounts of garbage to be safe and his shoe laces were simply undone. You might probably assume that Evan may not have a case due to the fact that his recklessness induced the accident. However, you'd be mistaken.
Lockhart businesses and residential or commercial property owners are lawfully responsible for taking care of their premises and must always keep it in a fairly safe and sound condition and advise occupants of any dangerous conditions of that they are aware or should be aware.
And now let's alter the facts slightly. Evan rather than being careless is quite conscientious. He actually ties his no slip work shoes in repeated knots, certainly never races down the staircases, and by no means holds more than he should. On the other hand his supervisor has been somewhat neglectful recently. The lamp on the stairways blown out, and he knows that one of the steps is busted and is a tripping hazard. Nonetheless he's too tied up to deal with that issue at this moment. Consequently, Evan trips on the busted unlit staircase that his boss knew about, however failed to even try to warn Evan about. If you assume that Evan can now take legal action against his boss or Employer for negligence as a result of his manager's reckless behaviors, you would likely also be mistaken. Careless Evan has the same rights as an injured worker as mindful Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in work comp.
Therefore let's analyze who is entitled to these types of benefits in Florida. To start with, you need to be an employee. Independent contractors (or 1099 workers) are not entitled to work comp benefits. Additionally, the business that you work with must be large enough to be required to possess worker's compensation benefits. If there aren't at minimum four employees, then the Employer isn't obligated to carry work comp insurance coverage except if it is a building and construction employment Also, presently there are certain roles that usually are not covered in FL under work comp. Examples of occupations that are not covered are nearly all real estate agents, owner-operators of rigs, almost all volunteers, and taxi cab drivers.
Therefore let's claim that you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at the office? Just like many legal questions, the answer is that it depends. Primarily, the accident or injury must "arise out of" and be "in the course and scope" of employment. Arising out of work in essence denotes that some aspect of the task led to the accident. An example of a relatively common injury occurrence at work that is not frequently a work-related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during the course of work hrs, this particular is not going to count as a workers compensation injury. It may have occurred at work, but the work did not inflict the heart attack. Whether or not you have an extremely arduous career and you're supervisor has been harassing you relentlessly and you have a stroke due in part to the other emotional toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in nature and unrelated to your work functions. Therefore the simple fact that the misfortune developed on the job is not sufficient. Exceptions to these exclusions emerge if: (a) you are engaged in an unusual strain or effort on the job, or (b) you are involved in an occupation where there is a probability that such activity is work-related - which include a law enforcement officer or fireman.
"In the course and scope of employment" is required for an accident to be covered under Workers Compensation. So as to be in the course of employment, you really have to be at work. If you have a automobile accident either on your way to work or on your way home, the majority of the instances those collisions are not going to be considered job related accidents. There are exceptions. To remain in the scope of employment, you need to be engaging in a task related to work or even at least engaged in some type of reasonable task the Company could have foreseen. If your employment is to perform paperwork in an office space but you injure yourself when you and your friend choose to have a race down the stairs to see who's in optimum condition that accident 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 at the moment of trauma is no longer sufficiently linked to work to get considered work-related.
Thus 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 accident that arose out of work, what do you obtain? To be entitled to lost wages, you must miss out a certain amount of work and the injury has to last a certain period of time. If you miss out no more than a full week from work, you're not going to receive 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 a trauma that keeps you out of job for an extended period of time, then you will receive compensation. Having said that, this compensation is not your full paycheck. Instead you obtain roughly two-thirds of what you were earning at the time of the personal injury. If the medical professional says no work at all, at that point you receive 66.67% of what you were making at the time of the injury. If the health professional suggests you can work with restrictions AND the Business is unable to accommodate those restrictions, you may receive 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 receive no compensation. So bottom line is that if you are missing your job as a result of a work associated accident, you will lose earnings. The lengthier your impairment, the more paychecks you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will definitely not be recovered.
Therefore, 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 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 disability has to last a certain period of time. If you skip no more than a week or so from your job, you're not going to collect lost earnings. In addition if you have a trauma that heals within three weeks, you're not qualified to temporary benefits. If you do sustain an accident that manages to keep you out of job for a prolonged period of time, then you will receive compensation. Having said that, this remuneration is not your whole salary. Rather you receive approximately two-thirds of what you were earning at the time of the personal injury. If the physician says no work at all, at that time you receive 66.67% of what you were earning at the time of the injury. If the health care provider says you can work with restrictions AND the Business is unable to accommodate those restrictions, you will get 64% of your paycheck. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing work because of a work associated injury, you will lose wages. The lengthier your disability, the more wages you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will certainly not be recovered.
A further constraint on your ability to get lost wages is that those benefits are only given for a certain period of time. Once you have reached maximum medical improvement, which is the health professionals way of expressing you're on the right track now, you don't get any more temporary benefits. Even when you have not returned to work or your position is no more available, your temporary benefits end. If you get an impairment rating due to a permanent lesion, 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 weeks or calendar months. Only very handful of injured employees, the most seriously hurt, have a chance of acquiring long term permanent benefits called permanent total disability.
When it comes to medical care, your rights or benefits also have substantial constraints. If you have an injury that requires urgent care, at that point you can get that care without first getting Employer or workers' comp carrier approval. Just after that early treatment, who you see for health treatment is not your choosing. Your Employer or more often its work compensation insurance service provider will likely notify you exactly who you can treat with. If you don't like the health care provider they pick, then you can receive a one-time change but that's it. Additionally, you don't have the ability to pick that next health professional either. Again the work comp insurance carrier picks the health care provider. You can get what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your health insurance won't pay for it.
At least one of the few beneficial aspects of the health care is that you do not pay for it period, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is responsible for all other costs of medical care including prescription drugs and physical therapy. Still as you can probably see already, workers' compensation is not a terrific program. It's also a complicated system.
If you find yourself in the workers compensation system, you're better off getting guidance and perhaps legal representation sooner rather than later. Mistakes made in the workers' compensation system might be hard or even impossible to unwind. And some errors can guarantee the end of your case completely. Therefore if you have a workers' comp injury, speak to us promptly. The consultation is 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 expenses or costs. Our firm 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. That means our experts cover the costs of investigating, building, negotiating and litigating your lawsuit. We do not bill you a single thing unless we recover compensation on your behalf. If we do not win your case, you will owe us nothing.
Our Lockhart personal injury legal professionals also provide absolutely free consultations to study the details of your case and establish if you have a case. Set Up a Free Examination
If you or someone you love has been impaired due to someone else's negligence or carelessness, you need a proven attorney on your side who is familiar with the laws and regulations in The Sunshine State.
Our Lockhart personal injury legal professionals are experts in personal injury lawsuits and have been acknowledged by our peers for our victories. A few of our attorneys have been mentioned as Super Lawyers and distinguished litigators for their achievements on behalf of our clients.
We have recovered desirable verdicts and settlements that were instrumental in helping our clients recover from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve for your personal 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