After experiencing an accident in , 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 law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our 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 Miami. 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, Winter Garden, Sebastian, Lake Monroe, Clearwater, Lake Butler and more!

Frequently Asked Questions About Workers Compensation in Miami, 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 Miami Workers' Comp Attorneys Who Know How to Succeed In Challenging Cases

Are you looking for a Work Compensation Law Firm near you? If you are injured, we understand you may not be able to pay a visit to our offices. If you're not able to come to our office, we can come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury legal matters. Our practice areas include all kinds of personal injuries; automobile accidents, motorcycle collisions, wrongful death claims, slip-and-fall injuries, eighteen-wheeler accidents, construction accidents and workplace injuries. 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 like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and throughout Florida. Get in touch with our office for a complimentary and confidential discussion of your case.

Worker's Comp in Miami, FL is a legally required system of benefits that are readily available to most people who are injured 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 entirely responsible or negligent in leading to an accident, and this does not disqualify you from getting benefits. In contrast your boss or colleague can possibly be negligent in leading to the unfortunate incident, and this particular does not entitle you to additional benefits. Work Comp is said to be equally a shield and a sword as far as providing for benefits. It is a "sword" because your employer can't defend against your claim by saying you were negligent in triggering the unfortunate incident. It is a "shield" that safeguards Workplaces from having to pay staff members a lot of the damages that are available to non-employees who are injured or hurt due to the accident.

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This example depicts the "sword and shield" factor of workers' compensation. Let's claim Evan is a very sloppy cook. He hardly cares about what he's doing. He's going out the back entrance at the workplace, hands loaded with waste, to toss in the dumpster. As he runs down the resplendent stairs, he slips and falls down cracking his leg. His manager goes to his aid, and notices that Evan once and again was transporting way too much to be safe and his shoe laces were simply undone. You might probably assume that Evan may not have a claim simply because his carelessness led to the injury. However you would be wrong.

Miami businesses and property owners are under legal standing liable for taking care of their facilities and have to maintain it in a reasonably safe and sound condition and advise occupants of any unsafe conditions of which they are aware or need to be aware.

Now let's alter the facts just a little. Evan rather than being reckless is extremely diligent. He consistently ties up his no slip shoes in double knots, never races down the stairways, and under no circumstances brings a lot more than he should. However his boss has been relatively neglectful recently. The light on the staircases burned out, and he recognizes that one of the steps is fractured and is a tripping hazard. Then again he's too busy to handle that problem at this moment. Consequently, Evan trips on the broken down dark stair that his boss knew of, however failed to even bother to caution Evan about. If you assume that Evan can now take legal action against his boss or Workplace for negligence due to his manager's careless behaviors, you would also be wrong. Negligent Evan possesses the same rights as an injured laborer as vigilant Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore let's analyze who is eligible to these particular benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 professionals) are not qualified to workers' compensation benefits. Subsequently, the business that you work with needs to be large enough to be required to carry worker's compensation benefits. On the assumption that there are not at the very least four employees, then the Employer isn't obligated to carry work comp coverage except if it is a construction employment As well, there are a number of occupations that usually are not protected in FL under workers comp. Good examples of occupations that are not covered are most real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi drivers.

So let's state that you qualify as an employee under the workers' 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 inquiries, the answer is that it depends. First off, the accident or trauma needs to "arise out of" and be "in the course and scope" of employment. Arising out of work basically implies that some aspect of the task led to the accident. An example of a reasonably usual injury occurrence at the workplace that is not frequently a job related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest in the middle of work hours, this is not likely going to count as a worker comp accident. It may have taken place at work, but the job did not inflict the heart attack. Even if you have an extremely stressful job and you're employer has been harassing you relentlessly and you have a stroke due partly to the other emotional toll work takes on you, this is not likely going to be covered. The heart attack, stroke, or other "internal failures " are regarded to be personal in character and not related to your job duties. Because of this the fact that the event manifested at work is not good enough. Exceptions to these exemptions emerge if: (a) you are engaged in an unusual strain or exertion at the workplace, or (b) you are involved in an employment where there is a probability that such an event is work-related - such as a police officer or fire fighter.

"In the course and scope of employment" is in addition required for an accident to be protected under workers comp. So as to be in the course of employment, you in essence have to be at your job. If you have a auto traffic collision either on your way to work or on your way home, the majority of the times those personal injuries are not going to be considered job related accidents. There are exceptions. To remain in the scope of employment, you must be doing a task related to work or at least engaged in some form of reasonable activity the Company could possibly have foreseen. If your occupation is to do desk work in a business office but you injure yourself when you and your pal decide to have a race down the staircase 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 job duties to the point that what you're doing at that time of accident is no more sufficiently linked to work to be regarded as work-related.

Thus 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 injury that arose out of work, what do you receive? To be entitled to lost wages, you have to miss a particular amount of workdays and the injury has to last a particular period of time. If you miss less than a week or so from your job, you're not going to get lost earnings. At the same time if you have an injury that heals within three weeks, you're not qualified to short-term benefits. If you do suffer a trauma that manages to keep you out of work for a lengthy period of time, then you will obtain compensation. Nonetheless, this compensation is not your whole salary. Instead you receive roughly two-thirds of what you were making at the time of the injury. If the health professional says no work at all, then you get 66.67% of what you were making at the time of the injury. If the health professional suggests you can work with limitations AND the Employer is unable to accommodate those restrictions, you may obtain 64% of your income. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no compensation. So bottom line is that if you are missing work because of a work associated accident, you will lose wages. The lengthier your disability, the more paychecks you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will definitely not be recovered.

So let's claim that you've cleared the hurdles of being an employee that's hurt 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 must miss out a particular amount of workdays and the incapacity has to last a particular period of time. If you miss out no more than a week from your job, you're not going to collect lost wages. Also if you have an injury that heals in just three full weeks, you're not entitled to temporary benefits. If you do sustain an injury that manages to keep you out of job for a prolonged period of time, then you will earn compensation. Nevertheless, this remuneration is not your full earnings. Rather you collect around 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 point you get 66.67% of what you were making at the time of the accident. If the health professional suggests you can work with limitations AND the Employer is unable to accommodate those restrictions, you may get 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 compensation. So bottom line is that if you are missing work due to a work-related injury, you will lose wages. The lengthier your impairment, the more earnings you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will not be recovered.

A further constraint on your opportunity to earn lost wages is that those benefits are just paid for a particular period of time. As soon as you have reached maximum medical improvement, which is the doctors way of saying you're as good as you're going to get, you will not get any more temporary benefits. Even if you have not gone back to work or your position is no more available, your temporary benefits end. If you get an impairment rating caused by a permanent lesion, you will receive permanent impairment benefits, however those benefits are less than the temporary and they are very short lived. They commonly just last a matter of a few work-weeks or calendar months. Only very few injured workers, the most seriously hurt, have a likelihood of receiving long-term permanent benefits called permanent total disability.

Every time it pertains to medical care, your rights or benefits also have great constraints. If you have an injury that requires urgent care, then you can get that care without first acquiring Employer or workers' compensation insurance company authorization. Soon after that early medical care, who you see for medical care is not your choice. Your Employer or more frequently its work comp insurance provider will likely notify you who exactly you can treat with. If you don't prefer the health professional they choose, then you may receive a one-time change but that's it. Furthermore, you don't have the ability to select that next health care provider either. One more time the work comp insurance provider picks the doctor. You can get 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 pay for it.

At least one of the few positive aspects of the health care is that you don't pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is accountable for all other expenses of treatment including prescription medicine and physical therapy. Still as you can probably see already, workers' compensation is not a wonderful system. It's also a complex system.

If you find yourself in the work compensation system, you're better off obtaining advice and possibly a lawyer sooner rather than later. Errors made in the workers' compensation system can be challenging or even impossible to unwind. And a number of errors can mean the end of your case completely. Therefore if you have a workers' compensation accident, consult us promptly. The consultation is free, and you are under no commitment to retain us. If you do retain us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for you!

No Fee Unless We Win or Settle!

At Trial Pro, our traffic collision lawyers work on a contingency fee basis. This means our firm covers the costs of researching, constructing, negotiating and litigating your insurance claim. We do not bill you anything unless we recover compensation on your behalf. If we do not win your lawsuit, you will owe us nothing.

Our Miami injury attorneys also offer no charge consultations to assess the aspects of your insurance claim and establish if you have a suit. Arrange a Free Examination

If you or another person you love has been impaired as a result of someone else's negligence or neglectfulness, you need a reliable lawyer by your side who is familiar with the laws and regulations in Florida.

Our Miami personal injury attorneys are skilled in accident lawsuits and have been recognized by our peers for our accomplishments. Several of our legal professionals have been classified as Super Lawyers and notable litigators for their achievements in behalf of our clients.

We have recovered favorable verdicts and settlements that were instrumental in assisting our clients recoup from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you are entitled to for your 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