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 Marco Island. 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, Southchase, Mims, South Creek, Altamonte Springs, Sand Lake and more!

Frequently Asked Questions About Workers Compensation in Marco Island, 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 Marco Island Workers' Compensation Lawyers Who Know How to Win Challenging Lawsuits

Are you searching for a Work Compensation Lawyers near you? If you are injured, we recognize you may not have the ability to visit our offices. If you're not able to come to us, our firm can come to you!

Trial Pro, P.A. works with Floridians in a variety of personal injury legal matters. Our practice areas include all types of personal injuries; car accidents, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, eighteen-wheeler accidents, construction accidents and work comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to people in areas such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Contact our office for a free of cost and confidential discussion of your case.

Workers' compensation in FL is a legally required system of benefits that are readily available 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 cause of an injury is a non-issue. You can be completely to blame or negligent in resulting in an injury, also this does not disqualify people from collecting benefits. Conversely your workplace or colleague can be negligent in leading to the accident, and this specific does not qualify you to more benefits. Work 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 causing the accident. It is a "shield" that guards Employers from having to pay workers a lot of the damages that are available to non-employees who are injured or hurt due to the unfortunate incident.

Need to File a Workers' Compensation Claim? Talk with our Expert Marco Island Workers' Comp Lawyers Call for your free consultation right away - 800-874-2577

This situation depicts the "sword and shield" part of Work Comp. Let's suppose Evan is a pretty careless cook. He rarely keeps an eye on what he's working on. He's going out the back entrance at work, hands full of garbage, to throw in the dumpster. As he rushes down the well-lighted stairs, he trips and collapses snapping his wrist. His employer goes to his aid, and witnesses that Evan as usual was transporting excessive amounts of waste to be safe and his shoe laces were undone. You may perhaps think that Evan may not have a claim considering his neglect caused the accident. However you'd be wrong.

Marco Island companies and property owners are lawfully responsible for maintaining their facilities and need to keep it in a reasonably free from danger condition and caution occupants of any unsafe conditions of that they are conscious or should be aware.

Now let's change the facts just a bit. Evan as opposed to being reckless is exceptionally diligent. He actually ties his no slip boots in double knots, certainly never hurries down the staircases, and by no means transports a lot more than he can. But his boss has been fairly neglectful lately. The illumination on the staircases blown out, and he recognizes that one of the steps is fractured and is a tripping risk. Nonetheless he's too tied up to deal with that problem at this moment. Consequently, Evan trips on the worn out dark stair that his boss knew of, yet failed to even try to caution Evan about. If you feel that Evan can easily now take legal action against his manager or Workplace for negligence as a result of his manager's careless practices, you will also be off-target. Unmindful Evan has the very same rights as an injured worker as vigilant Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore, let's analyze who is qualified to these particular benefits in The Sunshine State. To start with, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to work comp benefits. Secondly, the company that you work for must be large enough to be required to hold workers' comp benefits. If there aren't a minimum of four employees, then the Company isn't required to offer worker's compensation insurance except if it is a construction employment As well, there are a few jobs that aren't covered in The Sunshine State under workers' compensation. Cases of jobs that are not covered are many real estate agents, owner-operators of semis, almost all volunteers, and taxi cab drivers.

Just let's suppose you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident on the job? Like many legal questions, the answer is that it depends. To start with, the accident or personal injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially denotes that some element of the job triggered the accident. A good example of a relatively frequent 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 suffer a heart attack in the course of work hours, this specific is not most likely to count as a workers' comp injury. It may have happened at work, but the work did not trigger the cardiac arrest. Even if you have an extremely demanding job and you're supervisor has been harassing you non-stop and you have a stroke due partly to the other psychological and mental toll work takes on you, this is not likely 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 functions. Therefore the fact that the event happened at work is not sufficient. Exceptions to these exclusions emerge if: (a) you are engaged in an unusual strain or exertion on the job, or (b) you are involved in an employment where there is a anticipation that such activity is work-related - which include a law enforcement officer or fire fighter.

"In the course and scope of employment" is required for an injury to be covered under workers comp. To be in the course of employment, you certainly have to be at work. If you have a motor vehicle collision either on your way to work or on your way home, the majority of the instances those injuries are not going to be regarded as job related injuries. There are exceptions. To remain in the range of employment, you must be performing something related to work in other words at least engaged in some sort of reasonable activity the Employer could possibly have anticipated. If your employment is to perform desk work in an office space but you injure or hurt yourself when you and your pal choose to have a race down the stairs to see who's in the very best condition that personal injury is definitely not going to be considered work-related. You have unreasonably drifted from your job duties to the point that what you're doing during the time of personal injury is no more sufficiently linked to work to get considered work-related.

Therefore, let's claim that you've cleared the hurdles of being an employee that's injured or hurt in the course and scope of your job by an injury that arose out of work, what do you obtain? To remain entitled to lost wages, you will have to miss out a certain amount of work and the injury has to last a certain period of time. If you miss barely a few days from work, you're not going to receive lost wages. In addition if you have an injury that heals within just three weeks, you're not entitled to short-term benefits. If you do sustain a trauma that places you out of job for an extended time, then you will get compensation. That being said, this compensation is not your full earnings. Instead you collect approx two-thirds of what you were earning at the time of the accident. If the doctor 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 health care provider says you can work with limitations AND the Company is not able to accommodate those restrictions, 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 get no reimbursement. So bottom line is that if you are missing your job due to a work associated injury, you will lose wages. The greater your injury, the more paychecks you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will not be recovered.

Thus 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 receive? To be entitled to lost wages, you will have to miss out a certain amount of workdays and the disability has to last a certain period of time. If you miss barely a full week from your job, you're not going to get lost earnings. Also if you have a trauma that heals in just three full weeks, you're not entitled to temporary benefits. If you do suffer a trauma that keeps you out of job for a lengthy period of time, then you will receive compensation. Nevertheless, this compensation is not your entire paycheck. Instead you receive around 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 earning at the time of the injury. If the physician states you can work with restrictions AND the Business is not able to accommodate those restrictions, you will obtain 64% of your compensation. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you receive 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 injury, the more earnings you can lose. Unless you settle your case at some time, those lost wages are gone for good and will not be recovered.

A further restriction on your opportunity to get lost wages is that those benefits are only given for a particular period of time. As soon as you have acquired maximum medical improvement, which is the physicians way of stating you're on the right track now, you do not get any more temporary benefits. Even when you have not come back to work or your job is no more available, your temporary benefits end. If you receive an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few work-weeks or months. Just very handful of injured workers, the most severely hurt, have a likelihood of acquiring long term permanent benefits called permanent total disability.

When it pertains to medical care, your rights or benefits also have great constraints. If you have an injury that entails critical care, then you can get that care without first acquiring Company or workers' comp provider approval. Following that early treatment, who you see for medical treatment is not your choice. Your Employer or more often its workers comp insurance carrier are going to inform you who exactly you can treat with. If you don't prefer the doctor they select, then you can obtain 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 carrier picks the health professional. 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 cover it.

One particular of the few positive 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 medicine and physical therapy. Still as you can probably see by now, workers' comp is not a great program. It's also a complicated system.

If you find yourself in the work comp system, you're better off getting advice and possibly an attorney sooner rather than later. Mistakes made in the workers' compensation system might be difficult or even impossible to unwind. Moreover a few errors can mean the end of your case altogether. Therefore if you have a workers' comp injury, talk to us without delay. The consultation is absolutely free, and you are under no commitment to retain us. In the event that you do retain us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for our clients!

We Don't Get Paid Unless You Recover

At Trial Pro, our accident lawyers work on a contingency fee basis. This means our experts cover the costs of reviewing, building, negotiating and litigating your insurance claim. We do not bill you a thing unless we recover compensation on your behalf. If we do not win your lawsuit, you will owe us nothing.

Our Marco Island personal injury lawyers also offer free consultations to examine the specifics of your insurance claim and establish if you have a lawsuit. Set Up a Free Evaluation

If you or somebody else you love has been hurt as a result of someone else's negligence or neglectfulness, you need an excellent lawyer by your side who is knowledgeable with the laws and regulations in The Sunshine State.

Our Marco Island personal injury legal professionals are well-versed in personal injury lawsuits and have been acknowledged by our peers for our success. A few of our legal professionals have been identified as Super Lawyers and distinguished litigators for their victories in behalf of our clients.

We have recovered favorable verdicts and settlements that were instrumental in aiding our clients to bounce back 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 personal injuries.

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