Trial Pro P.A. is proud to advocate for workers\' compensation victims all over the state of Florida, including our office in Melbourne. 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, Cape Coral, Doctor Phillips, Sebring, Southchase, Orange Bend and more!
Frequently Asked Questions About Workers Compensation in Melbourne, 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 Melbourne Workers' Compensation Attorneys Who Know How to Succeed In Tough Lawsuits
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Trial Pro, P.A. represents Floridians in a variety of personal injury judicial matters. Our practice areas include all sorts of injuries; motor vehicle collisions, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, large trucks collisions, construction accidents and workers compensation accidents. With offices in Orlando, Palm Bay, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to people in areas such as Barefoot Bay, Melbourne Village, Fort Pierce, Winter Beach, South Patrick Shores, Fort Pierce and across Florida. Call our firm for a completely free and confidential discussion of your case.
Workers' compensation in Melbourne 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 root cause of an accident is a non-issue. You can be completely responsible or negligent in causing an accident, moreover this does not exclude you from collecting benefits. On the other hand your supervisor or colleague can possibly be negligent in triggering the unfortunate incident, and this particular does not entitle you to more 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 simply cannot defend against your claim by saying you were negligent in causing the unfortunate incident. It is a "shield" that protects Companies from having to pay employees a lot of the damages that are accessible to non-employees who are injured due to the accident.
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This instance illustrates the "sword and shield" side of Worker's Comp. Let us's mention Evan is a pretty sloppy baker. He rarely cares about what he's doing. He's going out the back entrance on the job, hands packed with trash, to toss in the dumpster. As he races down the well-lighted stairs, he slips and collapses hurting his arm. His boss goes to his aid, and notices that Evan once and again was transporting excessive amounts of waste to be safe and his shoelaces were simply undone. You might believe that Evan may not have a claim due to the fact that his carelessness induced the unfortunate incident. However you'd be incorrect.
Melbourne, FL businesses and residential or commercial property owners are under legal standing accountable for maintaining their properties and have to keep it in a fairly safe and sound condition and notify occupants of any dangerous conditions of which they are aware or should be aware.
And now let's change the facts just a little. Evan as opposed to being careless is remarkably careful. He actually ties up his no slip work shoes in repeated knots, never ever rushes down the stairways, and never ever holds a lot more than he can. However his manager has been fairly slack lately. The illumination on the stairways blown out, and he realizes that one of the steps is cracked and is a tripping risk. Then again he's too hectic to handle that issue right away. As a result, Evan trips on the damaged unlit stair that his employer knew about, yet didn't even try to tell Evan about. If you expect that Evan can now file suit his boss or Employer for negligence due to his manager's negligent behaviors, you would most likely also be wrong. Reckless Evan has the exact same legal rights as a seriously injured person as vigilant 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 need to be an employee. Independent contractors (or 1099 professionals) are not qualified to work comp benefits. Secondly, the organization that you work with will need to be big enough to be required to possess worker's compensation benefits. In the case that there aren't at least four workers, then the Employer isn't required to carry workers' comp insurance except if it is a construction employment As well, there are particular roles that usually are not protected in The Sunshine State under workers' compensation. Good examples of jobs that are not covered are many real estate agents, owner-operators of eighteen-wheelers, almost all volunteers, and taxi cab drivers.
Therefore let's claim 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 work? Like many legal issues, the answer is that it depends. First, the calamity or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some aspect of the job caused the accident. A good example of a fairly common injury occurrence at work that is not frequently a work-related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest in the course of work hours, this specific is not really going to count as a worker comp injury. It may have occurred at work, but the work did not inflict the heart attack. Whether or not you have an extremely arduous job and you're boss has been harassing you relentlessly and you feature a stroke due partly to the other emotional toll work takes on you, this is not likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are regarded to be personal in nature and irrelevant to your work responsibilities. Consequently the fact that the misfortune occurred at work is not enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual strain or exertion on the job, or (b) you are involved in an line of work where there is a presumption that such an event is work-related - like 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 Compensation Insurance. In order to be in the course of employment, you really have to be at your job. If you have a car or truck wreck either on your way to work or on your way home, the majority of times those unfortunate incidents are not going to be considered job related accidents. There are exceptions. To remain in the span of employment, you have to be doing something related to work or even at least engaged in some kind of reasonable activity the Employer could have foreseen. If your job is to do paperwork in an office but you hurt yourself when you and your pal choose to have a run down the stairway to see who's in the best condition that accident is definitely not going to be considered work-related. You have foolishly deviated from your work duties to the point that what you're doing at the time of personal injury is no longer sufficiently linked to work to be considered work-related.
So let's claim that you've cleared the hurdles of being a worker that's hurt in the course and scope of your job by an injury that arose out of work, what do you receive? To remain entitled to lost wages, you will have to miss out a certain amount of workdays and the injury has to last a particular period of time. If you skip no more than a few days from your job, you're not going to be given lost wages. Also if you have a trauma that heals within three weeks, you're not entitled to temporary benefits. If you do sustain an injury that keeps you out of work for an extended time, then you will get compensation. That being said, this compensation is not your whole wage. Instead you collect around two-thirds of what you were earning at the time of the injury. If the physician says no work at all, at that point you receive 66.67% of what you were earning at the time of the injury. If the health care provider states you can work with limitations AND the Company is unable to accommodate those restrictions, you may get 64% of your pay. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain no compensation. So bottom line is that if you are missing your job as a result of a work-related accident, you will lose wages. The longer your disability, the more earnings you can forfeit. Unless you settle your case at some point, those lost paychecks 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 get? To remain entitled to lost wages, you must miss out a particular amount of work and the disability has to last a specific period of time. If you miss out barely a few days from your job, you're not going to receive lost wages. Additionally if you have a trauma that heals within just three full weeks, you're not qualified to temporary benefits. If you do suffer an personal injury that places you out of job for a lengthy time, then you will earn compensation. That being said, this remuneration is not your full salary. Rather you obtain about two-thirds of what you were making at the time of the injury. If the health care provider says no work at all, at that time you receive 66.67% of what you were making at the time of the injury. If the health care provider claims you can work with restrictions AND the Employer is unable to accommodate those limitations, you may get 64% of your earnings. But if your Boss is able to accommodate those restrictions 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 greater your injury, the more paychecks you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will definitely 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. As soon as you have acquired maximum medical improvement, which is the doctors way of saying you're on the right track now, you don't get any more temporary benefits. Even if you have not returned 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 typically just last a matter of a few work-weeks or months. Only very handful of injured employees, the most seriously hurt, have a chance of being given long term permanent benefits called permanent total disability.
If it pertains to medical care, your rights or benefits also have major constraints. If you have injuries that requires emergency care, at that point you can get that care without first acquiring Company or workers' comp carrier authorization. Soon after that initial medical care, who you see for health care is not your decision. Your Employer or more often its work comp insurance company may notify you who exactly you can treat with. If you don't prefer the health care provider they select, then you can obtain a one time change but that's it. On top of that, you don't get to choose that next medical professional either. Again the work comp insurance carrier picks the doctor. You can get what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor expense. Your health insurance won't pay for it.
At least one of the few beneficial elements of the medical care is that you don't pay for it period, other than a $10 copayment once you reach maximum medical improvement. The insurance company is accountable for all other costs of treatment including prescription drugs and physical therapy. Still as you have the ability to probably see now, workers' comp is not an ideal system. It's also a complex system.
If you find yourself in the work comp system, you're better off getting advice and perhaps an attorney sooner rather than later. Mistakes made in the workers' compensation system can be troublesome or even impossible to unwind. Plus some errors can mean the end of your case entirely. Therefore if you have a workers' compensation accident, speak with us right away. The advice 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. Our firm only gets paid when we get benefits for you!
No Fee Unless Recovery
At Trial Pro, P.A. our car accident attorneys operate on a contingency fee basis. This means we cover the expenses of reviewing, constructing, negotiating and litigating your lawsuit. We do not bill you anything unless we recover compensation on your behalf. If we don't win your suit, you will pay us completely nothing.
If you or somebody else you love has been impaired due to someone else's negligence or neglectfulness, you need an excellent attorney on your side who is familiar with the policies and laws in FL.
Our Melbourne injury attorneys are skilled in tort litigation and have been recognized by our peers for our accomplishments. A few of our legal professionals have been mentioned as Super Lawyers and notable litigators for their victories in behalf of our clients.
We have recovered desirable judgments and compensations that were instrumental in aiding our clients recoup 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 Brevard 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