Trial Pro P.A. is proud to advocate for workers\' compensation victims all over the state of Florida, including our office in Naples. 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, Ybor City, Lockhart, Casselberry, Aloma, Fort Ogden and more!
Frequently Asked Questions About Workers Compensation in Naples, 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 Naples Workers' Compensation Attorneys Who Know How to Win Tough Suits
Are you looking for a Work Compensation Law Firm near you? If you are injured, we understand you may not be able to drop by our offices. Let us come to your place!
Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all kinds of injuries; car collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, large trucks collisions, construction injuries and work comp 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 cities like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and across Florida. Contact our law firm for a free of cost and confidential assessment of your case.
Workers' compensation in Florida is a legally required system of benefits that are accessible 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 injury is a non-issue. You can be completely to blame or negligent in triggering an injury, also this does not disqualify you from obtaining benefits. In contrast your workplace or colleague might be negligent in leading to the accident, and this does not entitle you to extra benefits. is said to be simultaneously a shield and a sword as far as providing for benefits. It is a "sword" in that your Workplace can't defend against your claim by saying you were negligent in creating the injury. It is a "shield" that provides protection to Workplaces from having to pay laborers many of the damages that are readily available to non-employees who are hurt following the accident.
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This situation explains the "sword and shield" side of Worker's Comp. Let's claim Evan is a pretty reckless cook. He rarely cares about what he's working on. He's heading out the side door on the job, hands full of waste, to toss in the dumpster. As he races down the luminous stairs, he slips and falls down fracturing his clavicle. His employer goes to his aid, and witnesses that Evan as usual was transporting excessive amounts of garbage to be safe and his shoelaces were untied. You might probably expect that Evan does not have a case just because his negligence caused the accident. But you'd be not right.
Naples companies and property owners are lawfully liable for maintaining their premises and must always keep it in a within reason safe and secure condition and tell occupants of any harmful conditions of which they are conscious or should be aware.
And now let's alter the facts just a bit. Evan instead of being careless is remarkably careful. He consistently ties his no slip work shoes in double knots, by no means races down the stairways, and never holds more than he should. On the other hand his business manager has been fairly neglectful recently. The illumination on the staircases blown out, and he knows that one of the steps is broken and is a tripping hazard. Nevertheless he's too hectic to deal with that problem right now. As a result, Evan trips on the faulty dark stair that his boss knew of, and yet failed to even bother to tell Evan about. If you presume that Evan can possibly now sue his boss or Employer for negligence as a result of his manager's reckless actions, you would likely also be off-target. Negligent Evan possesses the same rights as a hurt employee as cautious Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
So let's examine who is eligible to these kinds of benefits in Florida. First of all, you have to be an employee. Independent contractors (or 1099 workers) are not qualified to workers comp benefits. Also, the company that you work for needs to be big enough to be required to carry workers' comp benefits. If there aren't at the very least four workers, then the Company isn't expected to carry workers' comp insurance unless it is a construction employment As well, presently there are various occupations that usually are not protected in The Sunshine State under workers' compensation. Some examples of occupations that are not covered are almost all real estate agents, owner-operators of eighteen-wheelers, the majority of volunteers, and taxi cab drivers.
Just let's state that you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you sustain an injury or have an accident on the job? Like many legal questions, the answer is that it depends. First off, the accident or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some aspect of the task triggered the accident. A good example of a fairly regular injury instance at the workplace that is not commonly a job related accident is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest during work hrs, this specific is not going to count as a workers compensation injury. It may have taken place at work, but the work did not lead to the heart attack. Even if you have a very arduous job and you're supervisor has been harassing you relentlessly and you have a stroke due somewhat 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 duties. Because of this the fact that the calamity developed at work is not good enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual stress or exertion at work, or (b) you are involved in an occupation where there is a probability that such activity is work-related - for example, a law enforcement officer or fireman.
"In the course and scope of employment" is required for an accident to be protected under Workers Compensation Insurance. So as to be in the course of employment, you actually have to be at your job. If you have a auto accident either on your way to work or on your way home, the majority of times those injuries are not going to be regarded as job related accidents. There are exceptions. To remain in the span of employment, you have to be engaging in something related to work or at least engaged in some form of reasonable task the Business could have foreseen. If your occupation is to do desk work in an office but you injure or hurt yourself when you and your buddy choose to have a run down the stairs to see who's in optimum condition that accident is not going to be considered work-related. You have unreasonably drifted from your work duties to the point that what you're doing at the moment of personal injury is no longer sufficiently connected to work to get considered work-related.
Therefore, 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 be entitled to lost wages, you must miss a certain amount of work and the incapacity has to last a certain period of time. If you miss no more than a full week from work, you're not going to get lost wages. Additionally if you have an injury that heals in just three weeks, you're not entitled to temporary benefits. If you do sustain a personal injury that manages to keep you out of your job for a lengthy time, then you will earn compensation. That being said, this compensation is not your entire wage. Rather you get approximately two-thirds of what you were earning at the time of the injury. If the doctor says no work at all, then you get 66.67% of what you were making at the time of the accident. If the health professional states you can work with limitations AND the Employer is not able to accommodate those limitations, 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 reimbursement. So bottom line is that if you are missing work as a result of a work-related 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 paychecks are gone for good and will not be recovered.
Therefore, 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 injury 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 work and the incapacity has to last a particular period of time. If you skip no more than a week from your job, you're not going to be given lost wages. In addition if you have a trauma that heals within three weeks, you're not qualified to short-term benefits. If you do sustain an accident that keeps you out of your job for a prolonged period of time, then you will earn compensation. However, this remuneration is not your entire paycheck. Rather you get about two-thirds of what you were earning at the time of the injury. If the doctor says no work at all, then you get 66.67% of what you were earning at the time of the accident. If the health care provider suggests you can work with restrictions AND the Company is not able to accommodate those limitations, you will get 64% of your income. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing your job as a result of a work-related accident, you will lose earnings. The lengthier your injury, the more wages you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will certainly not be recovered.
A further restriction on your ability to earn lost wages is that those benefits are only paid for a specific period of time. Once you have obtained maximum medical improvement, which is the doctors way of suggesting you're as good as you're going to get, you do not get any more temporary benefits. Even if you have not gone back to work or your job is no longer available, your temporary benefits end. If you receive an impairment rating due to a permanent injury, 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 injured, have a chance of obtaining long-term permanent benefits called permanent total disability.
If it comes to medical care, your rights or benefits also have major limitations. If you have injuries that entails urgent care, then you can get that care without first acquiring Workplace or workers' compensation carrier authorization. Soon after that very first medical care, who you see for health treatment is not your choosing. Your Employer or more frequently its workers compensation insurance service provider are going to tell you who exactly you can treat with. If you don't like the health professional they choose, then you might obtain a one time change but that's it. In addition, you don't have the ability to choose that next medical professional either. Once again the workers compensation insurance provider picks the health professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that doctor expense. Your health insurance will not cover it.
One of the few beneficial elements of the medical care is that you don't pay for it at all, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance company is accountable for all other expenses of medical care including prescription medicine and physical therapy. Still as you can probably see by now, workers' compensation is not a great system. It's also a complex system.
If you find yourself in the workers compensation system, you're better off obtaining advice and perhaps a lawyer sooner rather than later. Mistakes made in the workers' compensation system might be very difficult if not impossible to unwind. Moreover a number of errors can guarantee the end of your case altogether. Therefore, if you have a workers' comp accident, speak with us immediately. The consultation is absolutely free, and you are under no commitment to retain us. If 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 our clients!
No Fee Unless We Win or Settle!
At Trial Pro, our accident attorneys work on a contingency fee basis. That means our experts cover the costs of investigating, building, negotiating and litigating your claim. We do not charge you a single thing unless we recover compensation on your behalf. If we don't win your insurance claim, you will pay us absolutely nothing.
Our Naples personal injury legal professionals also provide no charge assessments to evaluate the specifics of your case and establish if you have a case. Schedule a Free Examination
If you or another person you love has been impaired as a result of someone else's negligence or carelessness, you need an excellent lawyer on your side who is familiar with the policies and laws in Florida.
Our Naples personal injury lawyers are skilled in accident lawsuits and have been acknowledged by our peers for our success. A few of our attorneys have been listed as Super Lawyers and prestigious litigators for their achievements on behalf of our clients.
We have recovered desirable verdicts and settlements that were instrumental in aiding our clients to bounce back from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve 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
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