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Melbourne Workers Compensation Attorney

Melbourne Workers Compensation Attorney

After experiencing an accident in Melbourne, the last thing you desire is to have an attorney at hand that doesn't know how to represent you adequately. You want a reputable Melbourne law firm that will fearlessly fight to acquire optimal compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Melbourne lawyers hold a strong reputation for winning cases, and we do everything in our hands to deliver the results you're expecting.

Melbourne Workers Compensation Attorney
Melbourne Workers Compensation Attorney
Melbourne Workers Compensation Attorney
Melbourne Workers Compensation Attorney
Melbourne Workers Compensation Attorney

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

Melbourne Workers Compensation Attorney

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

Are you trying to find a Work Compensation Lawyers near you? If you are hurt, we understand you may not have the ability to pay a visit to our offices. If you're unable to come to us, our firm can come to you!

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.

Need to file a Workers' Compensation Claim? Talk with our Expert Melbourne Workers' Compensation Lawyers Our attorneys have recovered millions of dollars for our clients in Orlando. Call our office Today - 800-874-2577

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.

Our Melbourne injury attorneys also offer no charge consultations to examine the aspects of your insurance claim and determine if you have a lawsuit. Schedule a Free Assessment

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

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



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We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other location that you find more convenient. You are always welcome to come into our office as well. Contact us Today!

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Melbourne Workers Compensation Attorney

With more than a century of collective legal experience in workers compensation cases and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients.
Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

Personal Injury Law

We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively.

Auto Accident Attorneys

Dealing with an auto accident case can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

Slip and Fall Accidents

Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

Our Workers Compensation Attorneys have been featured in numerous publications

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Workers Compensation Attorney

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Our goal is to make the process on your workers compensation case as easy as possible for you. You don't even have to come into our office if you cannot travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how vital regular contact with our clients is - we never leave you hanging or delay our responses. 

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Melbourne Workers Compensation Lawyer

Melbourne Workers Compensation Lawyer

After experiencing any kind of workers compensation, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that understands what it takes to win workers compensation cases in the courtroom.

Melbourne Workers Compensation Lawyer
Serious Representation
We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
Melbourne Workers Compensation Lawyer
Unmatched Case Results
Dealing with any type of Workers Compensation case in Melbourne, FL can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
Melbourne Workers Compensation Lawyer
Committed to Our Clients
It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
Melbourne Workers Compensation Lawyer
Compassionate In & Out of Court
Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

Pursuing Client Victories

Based in Florida, Trial Pro, P.A. represents clients in Melbourne and across Florida from our offices in Orlando, Naples, Tampa, Ft. Myers, Delray Beach, Melbourne, Jacksonville, and Brevard County. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

Melbourne Workers Compensation Lawyer
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Trial Pro P.A. is proud to advocate for workers compensation victims in Melbourne and all over the state of Florida. Our dedicated, experienced Workers Compensation Attorneys handle various legal matters, from employment disputes to auto accidents claims. We use our knowledge and legal skills to help our clients not only achieve a favorable outcome in all Workers' Compensation Cases, but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation of all Workers' Compensation Cases can be, which is why we are here for you through every step of the process.


Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935


Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801


Trial Pro P.A. Tampa Office

  (813) 522-5444

 100 S. Ashley Drive, Suite 600
Tampa, FL, 33602


Trial Pro P.A. Naples Office

  (239) 300-0000

 1019 Crosspointe Dr Suite 1
Naples, FL 34110


Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912


Contact Info

Melbourne, FL 32935

(321) 586-2088


Our law firm fights aggressively -- always determined to win all our Workers' Compensation Cases. 

Trial Pro, P.A.

The information on this website is for general information purposes only. The Information presented at this site should not be construed as formal legal advice nor the formation of an attorney-client relationship. For medical advice and treatment, you should contact a licensed medical professional.