After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire optimal compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Orlando lawyers hold a strong reputation for winning cases, and we do everything in our hands 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 Oakland. 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, Clarcona, Doctor Phillips, Oldsmar, Rio Pinar, Clewiston and more!
Frequently Asked Questions About Workers Compensation in Oakland, 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 Oakland Work Compensation Attorneys Who Know How to Win Tough Lawsuits
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Trial Pro, P.A. represents Floridians in a range of personal injury law matters. Our practice areas include all kinds of injuries; car accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall injuries, truck accidents, construction injuries and workplace injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to clients in areas such as Paradise Heights, Taft, Rio Pinar, Sunniland, Palm River, Lochmoor Waterway Estates and across Florida. Contact our office for an absolutely free and confidential discussion of your case.
Workers' compensation in FL is a legally required system of benefits that are readily available to most employees who are injured at work. It is a no-fault system, meaning that for the most part negligence in the cause of an injury is a non-issue. You could be completely to blame or neglectful in leading to an accident, and this does not exclude you from obtaining benefits. Conversely your workplace or colleague can be negligent in causing the accident, and this specific does not entitle you to more benefits. Work Comp is said for being equally a shield and a sword as for providing for benefits. It is a "sword" in that your Boss simply cannot defend against your claim by saying you were negligent in creating the unfortunate incident. It is a "shield" that offers protection to Workplaces from having to pay laborers a lot of the damages that are readily available to non-employees who are hurt cause by the accident.
Need to file a Work Compensation Claim? Talk with our Expert Oakland, Florida Work Comp Attorneys Call us Without delay for a totally free case evaluation - 800-874-2577
This situation depicts the "sword and shield" side of workers' compensation. Let's suppose Evan is an extremely careless baker. He hardly cares about what he's working on. He's going out the side door on the job, hands loaded with trash, to throw in the dumpster. As he races down the illuminated stairways, he slips and falls down breaking his ankle. His employer goes to his aid, and sees that Evan as is usual was transporting way too much to be safe and his shoe laces were untied. You might believe that Evan doesn't have a case due to the fact that his recklessness triggered the injury. However, you would be mistaken.
Oakland, Florida companies and property owners are by law liable for taking care of their properties and must maintain it in a fairly safe and secure condition and warn occupants of any unsafe conditions of that they are conscious or should be aware.
Now let's change the facts just a little. Evan as opposed to being careless is significantly careful. He always ties up his no slip shoes in double knots, never ever runs down the stairways, and under no circumstances carries more than he can. On the other hand his manager has been relatively neglectful lately. The light source on the stairs burned out, and he realizes that one of the steps is fractured and is a tripping hazard. Then again he's too busy to take care of that issue now. As a result, Evan trips on the faulty dark staircase that his manager knew of, and yet didn't even bother to tell Evan about. If you assume that Evan is able to now litigate his boss or Workplace for negligence as a result of his boss's reckless actions, you would also be mistaken. Careless Evan possesses the exact same rights as a seriously injured worker as meticulous Evan does. That may seem unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
Therefore let's examine who is eligible to these benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers comp benefits. Subsequently, the business that you work with has to be big enough to be required to possess worker's compensation benefits. If there are not at the very least four employees, then the Business isn't obligated to hold worker's compensation insurance coverage except if it is a construction job As well, presently there are particular occupations that usually are not covered in Florida under workers comp. Instances of occupations that are not covered are many real estate agents, owner-operators of rigs, almost all volunteers, and taxi drivers.
Therefore let's claim that you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you suffer an injury or have an accident at work? Just like many legal inquiries, the answer is that it depends. Before all else, the calamity or trauma needs to "arise out of" and be "in the course and scope" of employment. Arising out of work generally implies that some element of the work led to the accident. An example of a reasonably frequent injury instance at the workplace that is not frequently a work-related accident is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest in the middle of work hrs, this particular is not likely going to count as a workers compensation accident. It may have taken place at work, but the work did not trigger the heart attack. Whether or not you have an extremely arduous job and you're manager 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 cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in nature and irrelevant to your job responsibilities. For that reason the simple fact that the incident happened on the job is not sufficiently. Exceptions to these exclusions emerge if: (a) you are involved in an unusual strain or exertion on the job, or (b) you are involved in an occupation where there is a probability that such an event is work-related - such as a law enforcement officer or fire fighter.
"In the course and scope of employment" is also required for an injury to be covered under Workers Compensation Insurance. To be in the course of employment, you certainly have to be at work. If you have a auto crash either on your way to work or on your way home, the majority of instances those personal injuries are not going to be regarded as work-related accidents. There are exceptions. To be in the scope of employment, you must be doing something related to work or at the very least engaged in some type 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 colleague decide to have a race down the stairway to see who's in optimum condition that personal injury is 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 moment of injury is no more sufficiently linked to work to be regarded as work-related.
So let's say you've cleared the hurdles of being an employee 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 be entitled to lost wages, you must miss a certain amount of workdays and the disability has to last a specific period of time. If you skip no more than a few days from your job, you're not going to be given lost earnings. Additionally if you have a trauma that heals in just three full weeks, you're not entitled to short-term benefits. If you do suffer an accident that manages to keep you out of work for a lengthy period of time, then you will get compensation. However, this remuneration is not your full salary. Rather you get about two-thirds of what you were making at the time of the injury. If the physician says no work at all, at that point you get 66.67% of what you were earning at the time of the injury. If the medical professional claims you can work with restrictions AND the Company is not able to accommodate those limitations, you may obtain 64% of your salary. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing your job because of a work-related injury, you will lose wages. The longer your disability, the more wages you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will not be recovered.
So let's say you've cleared the hurdles of being an employee that's injured or hurt 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 a particular amount of workdays and the disability has to last a certain period of time. If you skip no more than a full week from your job, you're not going to collect lost earnings. At the same time if you have a trauma that heals in just three weeks, you're not qualified to temporary benefits. If you do sustain an accident that places you out of your job for a prolonged period of time, then you will receive compensation. Having said that, this compensation is not your full paycheck. Rather you receive around two-thirds of what you were making at the time of the accident. If the health care provider 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 medical professional says you can work with limitations AND the Employer is not able to accommodate those limitations, you may obtain 64% of your pay. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you obtain no compensation. So bottom line is that if you are missing your job because of a work-related injury, you will lose wages. The greater your injury, the more earnings you can lose. Unless you settle your case at some point, those lost wages are gone for good and will certainly not be recovered.
A further constraint on your ability to get lost wages is that those benefits are only given for a particular period of time. Once you have reached maximum medical improvement, which is the health professionals way of suggesting you're good to go, you do not get anymore temporary benefits. Even if you have not come back to work or your position is no more available, your temporary benefits end. If you get an impairment rating as a result of a permanent injury, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They usually just last a matter of a few work-weeks or months. Just very handful of injured workers, the most badly injured, have a likelihood of being given long term permanent benefits called permanent total disability.
When it comes down to medical care, your rights or benefits also have substantial limitations. If you have an injury that entails urgent care, then you can get that care without first obtaining Employer or workers' compensation carrier approval. Shortly after that initial treatment, who you see for health care is not your decision. Your Employer or more frequently its workers compensation insurance provider will likely inform you who exactly you can treat with. If you don't prefer the medical professional they pick, then you can receive a one-time change but that's it. On top of that, you don't have the ability to select that next health care provider either. Once again the workers 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 care provider expense. Your health plan won't pay for it.
One particular of the few positive aspects of the medical care is that you do not pay for it at all, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance company is responsible for all other expenses of medical care including prescribed medication and physical therapy. Still as you have the ability to probably see already, workers' comp is not an outstanding program. It's also a complicated system.
If you find yourself in the work comp system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Errors made in the workers' comp system may be challenging or even impossible to unwind. Plus a few errors can guarantee the end of your case completely. Therefore, if you have a workers' comp injury, talk to us immediately. The advice is totally free, and you are under no obligation to hire us. On the assumption that you do retain us, you won't be out of pocket for any charges or costs. Our firm only gets paid when we get benefits for you!
We Do Not Get Paid Unless You Do
At Trial Pro, our car accident lawyers operate on a contingency fee basis. That means our firm covers the costs of researching, constructing, negotiating and litigating your insurance claim. We do not bill you a single thing unless our legal professionals recover compensation on your behalf. If we do not win your suit, you will owe us absolutely nothing.
Our Oakland injury legal professionals also provide no charge consultations to evaluate the details of your claim and establish if you have a suit. Schedule a Free Consultation
If you or somebody else you love has been injured because of someone else's negligence or neglectfulness, you need a renowned attorney by your side who is knowledgeable with the policies and laws in Florida.
Our Oakland personal injury legal professionals are skilled in tort lawsuits and have been acknowledged by our peers for our successes. Several of our attorneys have been classified as Super Lawyers and distinguished litigators for their accomplishments in behalf of our clients.
We have recovered favorable judgments and compensations 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 deserve for your traumas.
Acquiring Compensation for Your Workplace Injury in Orange 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