After experiencing an accident in Melbourne, 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 Melbourne law firm that will fearlessly fight to acquire maximum 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 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 Merritt 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, Collier County, Titusville, Buena Ventura Lakes, Port Canaveral, Pinellas Park and more!

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

Are you searching for a Workers' Compensation Law Firm near you? If you are hurt, we recognize you may not be capable to visit 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 law matters. Our practice areas include all kinds of injuries; car collisions, motorcycle accidents, wrongful death claims, slip-and-fall injuries, 18-wheeler collisions, construction accidents and workplace injuries. 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 Indialantic, Valkaria, Titusville, Cocoa, Wabasso, Palm Bay and all over Florida. Call our office for a completely free and confidential discussion of how we can help.

Workers' compensation in FL is a legally required system of benefits that are readily available to most workers who are injured or hurt on the job. 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 responsible or neglectful in resulting in an injury, moreover this does not exclude people from obtaining benefits. However your workplace or colleague might be negligent in leading to the injury, and this particular does not qualify you to extra benefits. is claimed for being equally 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 triggering the accident. It is a "shield" that provides protection to Employers from having to pay workers many of the damages that are accessible to non-employees who are injured following the unfortunate incident.

Need to file a Work Compensation Claim? Talk with our Expert Merritt Island, Florida Work Comp Lawyers Call Trial Pro Right now - 800-874-2577

This instance explains the "sword and shield" angle of Work Comp. Let's declare Evan is a pretty reckless chef. He barely cares about what he's doing. He's heading out the back door at the workplace, hands full of waste, to put in the dumpster. As he races down the resplendent stairways, he slips and collapses snapping his wrist. His boss comes to his aid, and observes that Evan as is the custom was transporting way too much to be safe and his shoe laces were undone. You may perhaps assume that Evan does not have a claim considering that his neglect resulted in the personal injury. Yet you'd be incorrect.

Merritt Island, Florida businesses and residential or commercial property owners are by law responsible for maintaining their premises and must maintain it in a reasonably safe and sound condition and inform occupants of any unsafe conditions of that they are conscious or should be aware.

And now let's alter the facts just a little. Evan as opposed to being reckless is very conscientious. He consistently ties his no slip work shoes in repeated knots, by no means runs down the staircases, and never ever carries more than he should. On the other hand his boss has been fairly slack in recent times. The light fixture on the stairways burned out, and he recognizes that one of the steps is damaged and is a tripping hazard. Nonetheless he's too hectic to take care of that issue right away. Consequently, Evan trips on the busted unlit stair that his boss knew of, but didn't even try to alert Evan about. If you assume that Evan can now file a claim against his boss or Workplace for negligence due to his manager's negligent actions, you would likely also be mistaken. Reckless Evan has the very same rights as a seriously injured employee as mindful Evan does. That may appear not fair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore let's examine who is entitled to these types of benefits in FL. To start with, you must be an employee. Independent contractors (or 1099 workers) are not qualified to workers comp benefits. Additionally, the company that you work with has to be large enough to be required to carry workers' comp benefits. Assuming that there are not at least four workers, then the Business isn't obligated to offer work comp coverage unless it is a construction employment Also, presently there are a few occupations that aren't protected in The Sunshine State under workers comp. Instances of jobs that are not covered are almost all real estate agents, owner-operators of rigs, most volunteers, and taxi cab drivers.

So let's claim you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you suffer injuries or have an accident on the job? Just like many legal issues, the answer is that it depends. First, the calamity or injury must "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some aspect of the task triggered the accident. An example of a fairly common injury instance at the workplace that is not frequently a job related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest during the course of work hours, this specific is not really going to count as a workers' comp accident. It may have happened at work, but the job did not lead to the heart attack. Whether or not you have a very stressful job and you're employer has been harassing you non-stop and you have a stroke due partially to the other psychological toll work takes on you, this is not likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are contemplated to be personal in nature and not related to your job duties. Consequently the fact that the incident occurred on the job is not enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual strain or exertion at work, or (b) you are involved in an employment where there is a anticipation that such activity is work-related - which include a police officer or fireman.

"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 literally have to be at work. If you have a auto wreck either on your way to work or on your way home, most instances those incidents are not going to be considered work-related injuries. There are exceptions. To remain in the span of employment, you need to be doing a task related to work or even at least engaged in some type of reasonable task the Company could possibly have anticipated. If your job is to perform paperwork in a business office but you injure or hurt yourself when you and your pal decide to have a run down the stairs to see who's in the best shape that personal injury is not going to be considered work-related. You have foolishly deviated from your job duties to the point that what you're doing at the moment of personal injury is no more sufficiently connected to work to be regarded as work-related.

So 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 accident that arose out of work, what do you obtain? To remain entitled to lost wages, you have to miss out a particular amount of workdays and the injury has to last a certain period of time. If you miss no more than a week from work, you're not going to be given lost earnings. In addition if you have a trauma that heals in just three weeks, you're not entitled to temporary benefits. If you do sustain a personal injury that places you out of your job for an extended time, then you will receive compensation. Unfortunately, this remuneration is not your whole wage. Instead you get around 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 injury. If the health care provider says you can work with restrictions AND the Company is not able to accommodate those restrictions, you may get 64% of your wages. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no compensation. So bottom line is that if you are missing your job due to a work associated injury, you will lose earnings. The lengthier your disability, the more wages you can lose. Unless you settle your case eventually, 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 in the course and scope of your job by an injury that arose out of work, what do you obtain? To be entitled to lost wages, you have to miss out a certain amount of workdays and the incapacity has to last a specific period of time. If you miss out less than a full week from work, you're not going to receive lost wages. At the same time if you have an injury that heals in less than three weeks, you're not entitled to temporary benefits. If you do sustain an personal injury that manages to keep you out of job for a prolonged time, then you will get compensation. On the other hand, this compensation is not your whole salary. Rather you collect approximately two-thirds of what you were earning at the time of the personal injury. 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 medical professional suggests you can work with limitations AND the Company is not able to accommodate those restrictions, you will obtain 64% of your wages. 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 your job because of a work associated accident, you will lose wages. The longer your disability, the more wages you can forfeit. Unless you settle your case at some time, those lost wages are gone for good and will definitely not be recovered.

A further restriction on your opportunity to earn lost wages is that those benefits are only given for a specific period of time. As soon as you have obtained maximum medical improvement, which is the doctors way of pointing out you're on the right track now, you don't get any more temporary benefits. Despite the fact that you have not returned to work or your job is no longer available, your temporary benefits end. If you get an impairment rating due to a permanent lesion, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They commonly just last a matter of a few weeks or months. Only very few injured workers, the most seriously hurt, have a likelihood of obtaining 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 critical care, then you can get that care without first obtaining Workplace or workers' compensation service provider approval. After that early medical care, who you see for health treatment is not your choosing. Your Employer or more often its workers compensation insurance carrier are going to tell you who you can treat with. If you don't like the health care provider they pick, then you may get a one time change but that's it. Furthermore, you don't get to choose that next doctor either. Again the work comp insurance carrier picks the health professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health professional expense. Your medical insurance will not pay for it.

At least one of the few beneficial aspects of the medical care is that you do not pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance provider is responsible for all other expenses of treatment including prescription medicine and physical therapy. Still as you have the ability to probably see now, workers' comp is not a marvelous program. It's also a complicated system.

If you find yourself in the workers comp system, you're better off obtaining guidance and possibly a lawyer sooner rather than later. Mistakes made in the workers' compensation system might be very difficult if not impossible to unwind. And even some errors can guarantee the end of your case completely. Therefore, if you have a workers' compensation accident, speak with us as soon as possible. The advice is completely free, and you are under no commitment to hire us. In the event that you do hire us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for you!

No Fees or Expenses Unless You Win

At Trial Pro, our accident lawyers work on a contingency fee basis. That means our firm cover the expenses of researching, constructing, negotiating and litigating your case. We do not bill you a thing unless our lawyers recover compensation on your behalf. If we do not win your claim, you will owe us nothing.

Our Merritt Island personal injury lawyers also offer absolutely free evaluations to evaluate the elements of your case and determine if you have a suit. Set Up a Free Examination

If you or someone else you love has been impaired as a result of someone else's negligence or carelessness, you need a skilled lawyer on your side who is knowledgeable with the statutes and regulations in The Sunshine State.

Our Merritt Island personal injury legal professionals are experts in tort litigation and have been acknowledged by our peers for our success. A few of our legal professionals have been mentioned as Super Lawyers and notable litigators for their achievements in behalf of our clients.

We have recovered favorable judgments and settlements that were instrumental in helping 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 traumas.

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

• 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