After experiencing an accident in Tampa, 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 Tampa law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Tampa 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 Manatee 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, Collier County, Lockhart, Tampa Bay, Azalea Park, Sharpes and more!
Frequently Asked Questions About Workers Compensation in Manatee 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.
Experienced Manatee County Workers' Compensation Lawyers Who Know How to Win Tough Lawsuits
Are you trying to find a Workers' Comp Attorneys near you? If you are injured, we understand you may not have the ability to drop by our offices. If you're unable to come to us, we can come to you!
Trial Pro, P.A. works with Floridians in a range of personal injury judicial matters. Our practice areas include all kinds of injuries; car accidents, motorcycle accidents, wrongful death cases, slip-and-fall accidents, 18-wheeler accidents, construction accidents and work comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic advice and counsel to people in cities such as Fairview Shores, Oakland, Avalon Park, Drew Park, Seminole, Gibsonton and across Florida. Get in touch with our office for a free and confidential assessment of how we can help.
Worker's Comp in Manatee County is a legally required system of benefits that are available to most people 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 accident is a non-issue. You could be entirely to blame or negligent in triggering an injury, and this does not exclude you from obtaining benefits. In contrast your employer or colleague can possibly be negligent in causing the unfortunate incident, and this specific does not qualify you to additional benefits. Worker's Comp is claimed to be both a shield and a sword as far as providing for benefits. It is a "sword" in that your employer can't defend against your claim by saying you were negligent in creating the injury. It is a "shield" that safeguards Employers from having to pay workers many of the damages that are available to non-employees who are injured after the unfortunate incident.
Need to file a Workers' Compensation Claim? Talk with our Expert Manatee County Work Compensation Attorneys To schedule your free initial evaluation Contact Trial Pro, P.A. without delay - 800-874-2577
This scenario exposes the "sword and shield" side of workers' compensation. Let us's claim Evan is a considerably reckless baker. He rarely cares about what he's working on. He's heading out the back door on the job, hands packed with waste, to throw in the dumpster. As he runs down the well-lighted staircases, he trips and falls down cracking his leg. His employer comes to his aid, and witnesses that Evan as is usual was carrying way too much to be safe and his shoelaces were actually untied. You may perhaps think that Evan doesn't have a case because his recklessness induced the injury. However you would be not right.
Manatee County companies and residential or commercial property owners are lawfully accountable for looking after their facilities and must maintain it in a reasonably safe condition and alert occupants of any dangerous conditions of that they are conscious or need to be aware.
Now let's change the facts slightly. Evan as opposed to being reckless is exceptionally mindful. He actually ties his no slip shoes in double knots, not ever races down the stairways, and by no means brings more than he should. However, his office manager has been fairly slack in recent times. The lamp on the stairs blown out, and he knows that one of the steps is cracked and is a tripping risk. Then again he's too hectic to address that problem at the moment. Consequently, Evan trips on the broken unlit stair that his boss knew of, yet failed to even bother to caution Evan about. If you believe that Evan can easily now file a claim against his manager or Employer for negligence due to his manager's reckless behaviors, you will also be off-target. Unmindful Evan possesses the exact same legal rights as a hurt employee as mindful Evan does. That may seem unfair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
So let's examine who is qualified to these benefits in FL. First of all, you need to be an employee. Independent contractors (or 1099 workers) are not qualified to workers comp benefits. Subsequently, the business that you work with must be large enough to be required to possess workers' comp benefits. If there aren't at minimum four staff members, then the Company isn't obligated to hold work comp insurance coverage except if it is a building and construction job As well, there are a number of occupations that aren't protected in The Sunshine State under workers comp. Instances of jobs that aren't covered are almost all real estate agents, owner-operators of trucks, the majority of volunteers, and taxi drivers.
Therefore, let's state 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 on the job? Like many legal inquiries, the answer is that it depends. First and foremost, the accident or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some element of the task triggered the accident. A good example of a reasonably regular injury occurrence at work that is not typically a work-related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack in the middle of work hrs, this specific is not really going to count as a worker comp accident. It may have happened at work, but the work did not lead to the heart attack. Even if you have a very arduous career and you're manager has been harassing you relentlessly and you have a stroke due somewhat to the other psychological and mental toll work takes on you, this is not likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are regarded to be personal in character and unassociated to your job functions. Because of this the fact that the incident took place on the job is not enough. Exceptions to these exemptions arise if: (a) you are engaged in an unusual strain or effort on the job, or (b) you are involved in an employment where there is a presumption that such an event is work-related - such as a police officer or fire fighter.
"In the course and scope of employment" is also required for an accident to be protected under Workers Compensation Insurance. To be in the course of employment, you really have to be at your job. If you have a car collision either on your way to work or on your way home, most instances those personal injuries are not going to be considered work-related injuries. There are exceptions. To be in the range of employment, you must be working on something related to work or even at the very least engaged in some form of reasonable activity the Company could possibly have foreseen. If your occupation is to do desk work in an office space but you injure yourself when you and your buddy decide to have a race down the stairway to see who's in the very best shape that accident is 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 linked to work to be regarded as work-related.
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 will have to miss a certain amount of work and the incapacity has to last a specific period of time. If you miss no more than a week or so from work, you're not going to receive lost earnings. Additionally if you have an injury that heals within three weeks, you're not qualified to short-term benefits. If you do sustain an injury that places you out of work for a prolonged period of time, then you will receive compensation. Nevertheless, this remuneration is not your whole salary. Instead you collect approximately two-thirds of what you were making at the time of the accident. If the physician 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 medical professional states you can work with restrictions AND the Business is not able to accommodate those restrictions, you may receive 64% of your salary. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing work due to a work associated injury, you will lose earnings. The greater your injury, the more paychecks you can forfeit. Unless you settle your case at some point, 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 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 will have to miss out a particular amount of workdays and the disability has to last a particular period of time. If you skip less than a week or so from your job, you're not going to get lost wages. Additionally if you have an injury that heals in less than three weeks, you're not entitled to short-term benefits. If you do sustain an injury that places you out of job for a lengthy period of time, then you will receive compensation. Unfortunately, this compensation is not your full income. Rather you receive roughly two-thirds of what you were making at the time of the personal injury. If the physician says no work at all, at that time you get 66.67% of what you were earning at the time of the accident. If the doctor says you can work with limitations AND the Employer is unable to accommodate those limitations, you will obtain 64% of your paycheck. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive 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 impairment, the more earnings you can forfeit. Unless you settle your case at some point, those lost paychecks are gone for good and will certainly not be recovered.
A further restriction on your chance to receive lost wages is that those benefits are just given for a certain period of time. As soon as you have achieved maximum medical improvement, which is the physicians way of saying you're on the right track now, you will not get anymore temporary benefits. Even when you have not returned to work or your job is no more available, your temporary benefits end. If you receive 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 generally just last a matter of a few work-weeks or months. Only very few injured workers, the most seriously hurt, have a chance of getting 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 requires critical care, then you can get that care without first obtaining Company or workers' compensation insurance company authorization. Just after that initial medical care, who you see for health care is not your selection. Your Employer or more frequently its workers compensation insurance service provider will notify you who you can treat with. If you don't like the doctor they select, then you may get a one-time change but that's it. Moreover, you don't have the ability to pick that next medical professional either. One more time the workers comp insurance provider picks the physician. You can get what is called an IME, or "independent medical doctor", but you have to pay for that doctor expense. Your health insurance won't cover it.
One particular of the few beneficial aspects of the health care is that you do not pay for it at all, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance provider is accountable for all other costs of medical care including prescription medication and physical therapy. Still as you have the ability to probably see already, workers' compensation is not a fabulous system. It's also a complex system.
If you find yourself in the workers comp system, you're better off getting guidance and perhaps legal representation sooner rather than later. Mistakes made in the workers' comp system might be tough if not impossible to unwind. And certain errors can mean the end of your case altogether. So if you have a workers' comp injury, consult with us as soon as possible. The consultation is free, and you are under no obligation to hire us. In case you do hire us, you won't be out of pocket for any charges or costs. Our firm only gets paid when we get benefits for you!
We Don't Get Paid Unless You Recover
At Trial Pro, our personal injury lawyers work on a contingency fee basis. This means our firm cover the expenses of investigating, constructing, negotiating and litigating your case. We do not bill you a single thing unless our legal professionals recover compensation on your behalf. If we do not win your case, you will owe us absolutely nothing.
Our Manatee County personal injury attorneys also offer free consultations to examine the specifics of your claim and establish if you have a suit. Arrange a Free Assessment
If you or another person you love has been hurt as a result of someone else's negligence or neglectfulness, you need a reputable lawyer on your side who is knowledgeable with the laws and laws in Florida.
Our Manatee County personal injury legal professionals are well-versed in tort lawsuits and have been acknowledged by our peers for our successes. A few of our attorneys have been mentioned as Super Lawyers and notable litigators for their success in behalf of our clients.
We have recovered favorable judgments and settlements that contributed in aiding our clients recover from their personal injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve for your injuries.
Acquiring Compensation for Your Workplace Injury in Hillsborough 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