North Naples Workers Compensation Attorney

After experiencing an accident in Naples, 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 Naples law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Naples 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 North 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, Collier County, Metrowest, Clearwater, Buenaventura Lakes, Winter Park and more!

• 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.

Are you looking for a Work Compensation Lawyers near you? If you are injured, we recognize you may not have the ability to drop by our offices. If you're not able to come to us, our experts can come to you!

Trial Pro, P.A. works with Floridians in a range of personal injury judicial matters. Our practice areas include all forms of injuries; motor vehicle collisions, motorcycle collisions, wrongful death cases, slip-and-fall injuries, large trucks accidents, construction accidents and workers comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to clients in cities like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and across Florida. Contact our law firm for a completely free and confidential assessment of how we can help.

Work Comp in Florida is a legally required system of benefits that are accessible to most workers who are hurt on the job. 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 could be entirely at fault or neglectful in leading to an injury, also this does not exclude individuals from obtaining benefits. On the other hand your boss or colleague may possibly be negligent in causing the injury, and this does not entitle you to extra benefits. Worker's Comp is claimed to be equally a shield and a sword as for providing for benefits. It is a "sword" in that your employer can't defend against your claim by saying you were negligent in causing the unfortunate incident. It is a "shield" that offers protection to Employers from having to pay staff members a lot of the damages that are available to non-employees who are injured or hurt as a result of the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert North Naples, Florida Work Compensation Lawyers Contact Trial Pro, P.A. right away to take a look at your case - 800-874-2577

This example clarifies the "sword and shield" side of Worker's Comp. Let us's declare Evan is a pretty sloppy cook. He hardly cares about what he's doing. He's heading out the side door at the workplace, hands packed with garbage, to toss in the dumpster. As he races down the resplendent backstairs, he slips and falls down fracturing his forearm. His employer comes to his aid, and notices that Evan as is usual was carrying way too much to be safe and his shoe laces were simply undone. You might actually assume that Evan may not have a claim simply because his carelessness resulted in the personal injury. Yet you'd be wrong.

North Naples, Florida companies and residential or commercial property owners are legally accountable for taking care of their properties and must maintain it in a reasonably safe and sound condition and advise occupants of any unsafe conditions of which they are aware or should be aware.

Now let's change the facts to some extent. Evan instead of being sloppy is very diligent. He always ties his no slip work shoes in repeated knots, never runs down the stairs, and never brings a lot more than he should. Nevertheless his business manager has been somewhat slack recently. The light bulb on the stairways burned out, and he realizes that one of the steps is damaged and is a tripping hazard. Nevertheless he's too hectic to take care of that issue at the moment. Consequently, Evan trips on the defective unlit staircase that his boss knew about, but didn't even try to warn Evan about. If you presume that Evan can easily now file suit his manager or Workplace for negligence due to his manager's careless actions, you would most likely also be wrong. Careless Evan possesses the exact same rights as a hurt worker as meticulous Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore let's examine who is entitled to these types of benefits in The Sunshine State. To start with, you must be an employee. Independent contractors (or 1099 staff members) are not qualified to work comp benefits. Also, the organization that you work for will need to be big enough to be required to possess workers' comp benefits. In the case that there aren't a minimum of four employees, then the Company isn't required to carry worker's compensation insurance except if it is a building and construction job Also, there are various occupations that usually are not protected in Florida under work comp. Samples of jobs that are not covered are nearly all real estate agents, owner-operators of eighteen-wheelers, almost all volunteers, and taxi drivers.

Therefore, let's assume you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at work? Just like many legal inquiries, the answer is that it depends. To begin with, the calamity or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially means that some element of the work triggered the accident. An example of a reasonably regular 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 experience a heart attack during work hrs, this particular is not going to count as a worker comp injury. It may have taken place at work, but the work did not inflict the cardiac arrest. Even if you have a very stressful job and you're boss has been harassing you non-stop and you have a stroke due partly to the other psychological 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 unrelated to your work duties. For that reason the fact that the calamity manifested at the workplace is not enough. Exceptions to these exemptions arise if: (a) you are involved in an unusual strain or exertion at work, or (b) you are involved in a line of work where there is a presumption that such activity is work-related - for example, a law enforcement officer or fire fighter.

"In the course and scope of employment" is in addition required for an injury to be protected under Workers' Compensation Benefits. So as to be in the course of employment, you actually have to be at work. If you have a vehicle accident either on your way to work or on your way home, a lot of instances those personal injuries are not going to be considered work-related injuries. There are exceptions. To remain in the span of employment, you need to be engaging in something related to work or at the very least engaged in some sort of reasonable task the Company could have foreseen. If your occupation is to do paperwork in an office space but you injure yourself when you and your friend choose to have a race down the staircase to see who's in the very best shape that injury is definitely not going to be considered work-related. You have foolishly drifted from your job duties to the point that what you're doing at the time of injury is no more sufficiently linked to work to get regarded as work-related.

Thus 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 injury that arose out of work, what do you receive? To remain entitled to lost wages, you will have to miss a certain amount of workdays and the disability has to last a specific period of time. If you miss out barely a week or so from work, you're not going to be given lost wages. Additionally if you have an injury that heals within just three full weeks, you're not qualified to short-term benefits. If you do sustain a personal injury that manages to keep you out of your job for a lengthy period of time, then you will get compensation. On the other hand, this remuneration is not your whole income. Instead you obtain roughly two-thirds of what you were making at the time of the injury. If the health professional says no work at all, at that point you get 66.67% of what you were earning at the time of the accident. If the health professional says you can work with restrictions AND the Employer is not able to accommodate those restrictions, you may get 64% of your income. But if your Boss 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 because of a work associated injury, you will lose wages. The lengthier your disability, the more earnings you can forfeit. Unless you settle your case at some time, those lost wages 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 injured 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 have to miss a particular amount of work and the injury has to last a certain period of time. If you miss out barely a full week from work, you're not going to collect lost earnings. Also if you have an injury that heals in just 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 lengthy period of time, then you will receive compensation. Unfortunately, this compensation is not your full income. Instead you obtain about two-thirds of what you were earning at the time of the personal injury. If the medical professional says no work at all, at that time you get 66.67% of what you were making at the time of the accident. If the health professional suggests you can work with restrictions AND the Company is unable to accommodate those limitations, you may get 64% of your compensation. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive no reimbursement. So bottom line is that if you are missing your job because of a work-related injury, you will lose wages. The greater 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 not be recovered.

A further limitation on your opportunity to get lost wages is that those benefits are only given for a certain period of time. Once you have achieved maximum medical improvement, which is the physicians way of pointing out you're good to go, you do not get anymore temporary benefits. Even if you have not returned to work or your position is no more available, your temporary benefits end. If you receive an impairment rating as a result of a permanent injury, you will receive permanent impairment benefits, although those benefits are less than the temporary and they are very short lived. They generally just last a matter of a few work-weeks or months. Only very few injured workers, the most seriously hurt, have a likelihood of acquiring long-term permanent benefits called permanent total disability.

Every time it relates to medical care, your rights or benefits also have great limitations. If you have an injury that requires emergency care, then you can get that care without first acquiring Workplace or workers' compensation carrier approval. Following that early treatment, who you see for medical treatment is not your choice. Your Employer or often its work comp insurance service provider will notify you who you can treat with. If you don't prefer the medical professional they pick, then you can obtain a one time change but that's it. Also, you don't have the ability to choose that next physician either. One more time the workers compensation insurance provider picks the doctor. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health care provider out of pocket. Your health insurance will not cover it.

One particular of the few positive elements of the health care is that you don't pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance provider is accountable for all other expenses of treatment including prescription medication and physical therapy. Still as you have the ability to probably see already, workers' compensation is not an awesome program. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off getting advice and possibly an attorney sooner rather than later. Errors made in the workers' comp system can be tough if not impossible to unwind. Plus a couple mistakes can signify the end of your case altogether. Therefore, if you have a workers' comp injury, speak with us as soon as possible. The consultation is free, and you are under no commitment to retain us. In case you do hire us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for you!

Our "No Fee Unless We Win" Policy