After experiencing an accident in Tampa, 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 Tampa law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Tampa 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 Oldsmar. 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, Oldsmar, Doctor Phillips, Meadow Woods, Citrus Park, Laurel and more!
Frequently Asked Questions About Workers Compensation in Oldsmar, 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 Oldsmar Workers' Compensation Attorneys Who Know How to Win Challenging Proceedings
Are you trying to find a Work Compensation Law Firm near you? If you are injured, we understand you may not have the ability to visit our offices. If you're not able to come to us, we can come to you!
Trial Pro, P.A. works with Floridians in a range of personal injury law matters. Our practice areas include all types of personal injuries; auto collisions, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, semi-truck collisions, construction accidents and workplace accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to clients in areas like Fairview Shores, Oakland, Avalon Park, Tampa Bay, Temple Terrace, Saint Petersburg and all throughout Florida. Call our firm for a complimentary and confidential discussion of how we can help.
Worker's Comp in Oldsmar 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 root cause of an injury is a non-issue. You can be completely at fault or neglectful in leading to an accident, moreover this does not exclude people from receiving benefits. However your manager or colleague can possibly be negligent in causing the accident, and this does not entitle you to additional benefits. Work Comp is claimed as being both a shield and a sword as for providing for benefits. It is a "sword" in that your Boss can not defend against your claim by saying you were negligent in causing the injury. It is a "shield" that gives protection to Employers from having to pay staff members many of the damages that are available to non-employees who are hurt cause by the unfortunate incident.
Need to file a Work Comp Claim? Talk with our Expert Oldsmar, FL Work Comp Attorneys Contact us Today to set up a free appointment - 800-874-2577
This situation clarifies the "sword and shield" aspect of Worker's Comp. Let us's state Evan is a considerably careless chef. He rarely cares about what he's doing. He's going out the side door at the workplace, hands loaded with trash, to throw in the dumpster. As he rushes down the resplendent stairs, he slips and falls down cracking his tibia. His manager goes to his aid, and observes that Evan as is usual was carrying excessive amounts of waste to be safe and his shoe laces were undone. You might actually assume that Evan does not have a case due to the fact that his neglect triggered the personal injury. However, you would be incorrect.
Oldsmar businesses and property owners are by law accountable for looking after their properties and need to always keep it in a within reason risk-free condition and alert occupants of any dangerous conditions of which they are aware or should be aware.
Now let's alter the facts a little bit. Evan instead of being sloppy is tremendously mindful. He actually ties up his no slip work shoes in double knots, under no circumstances hurries down the stairs, and by no means transports a lot more than he can. Nevertheless his supervisor has been relatively slack in recent times. The light on the stairs burned out, and he recognizes that one of the steps is damaged and is a tripping risk. Nonetheless he's too tied up to deal with that issue now. As a result, Evan trips on the defective unlit stairway that his boss knew about, however failed to even bother to warn Evan about. If you feel that Evan can now file suit his manager or Employer for negligence due to his manager's reckless behaviors, you would most likely also be mistaken. Negligent Evan possesses the same legal rights as a hurt employee as cautious Evan does. That may appear unreasonable, but that is a consequence of fault of negligence being a non-issue in work comp.
Therefore, let's analyze who is eligible to these benefits in The Sunshine State. To start with, you must be an employee. Independent contractors (or 1099 professionals) are not entitled to workers comp benefits. Secondly, the business that you work for has to be large enough to be required to bear worker's compensation benefits. If there are not a minimum of four staff members, then the Business isn't obligated to hold workers' comp insurance coverage unless it is a construction job Also, presently there are various occupations that aren't covered in Florida under workers comp. Instances of jobs that are not covered are most real estate agents, owner-operators of trucks, almost all volunteers, and taxi cab drivers.
Therefore let's claim that you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer injuries or have an accident on the job? Like many legal questions, the answer is that it depends. First, the calamity or trauma has to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially means that some aspect of the work triggered the accident. A good example of a reasonably common injury instance at the workplace that is not frequently a work-related injury is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest in the course of work hours, this particular is not going to count as a worker comp injury. It may have occurred at work, but the job did not lead to the cardiac arrest. Whether or not you have an extremely stressful job and you're manager has been harassing you non-stop and you have a stroke due partially to the other psychological and mental toll work takes on you, this is not going to be covered. The cardiac arrest, stroke, or other "internal failures " are considered to be personal in nature and irrelevant to your job duties. For that reason the fact that the incident developed at work is not good enough. Exceptions to these exclusions arise if: (a) you are engaged in an unusual stress or exertion at the workplace, or (b) you are involved in an occupation where there is a probability that such an event is work-related - like a police officer or fire fighter.
"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 literally have to be at your job. If you have a auto accident either on your way to work or on your way home, a large number of instances those traffic collisionsare not going to be regarded as work-related accidents. There are exceptions. To be in the span of employment, you must be performing a task related to work or at the very least engaged in some type of reasonable task the Company could have foreseen. If your position is to perform paperwork in an office but you injure or hurt yourself when you and your pal choose to have a race down the staircase to see who's in optimum condition that injury is definitely not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at the moment of personal injury is no longer sufficiently linked to work to get regarded as work-related.
Thus 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 get? To be entitled to lost wages, you will have to miss a particular amount of workdays and the disability has to last a particular period of time. If you miss less than a week from your job, you're not going to receive lost earnings. In addition if you have a trauma that heals in just three weeks, you're not entitled to short-term benefits. If you do sustain a trauma that keeps you out of job for a lengthy time, then you will receive compensation. On the other hand, this remuneration is not your full income. Instead you receive approximately two-thirds of what you were earning at the time of the accident. If the medical professional says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the medical professional suggests you can work with restrictions AND the Company is unable to accommodate those restrictions, you may receive 64% of your income. But if your employer is able to accommodate those restrictions 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 as a result of a work associated injury, you will lose earnings. The greater your disability, the more paychecks you can forfeit. Unless you settle your case at some point, those lost earnings are gone for good and will definitely not be recovered.
So let's say 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 remain entitled to lost wages, you have to miss a certain amount of workdays and the incapacity has to last a specific period of time. If you miss out barely a week from your job, you're not going to get lost earnings. In addition if you have a trauma that heals within just three full weeks, you're not qualified to short-term benefits. If you do sustain an accident that keeps you out of work for a lengthy period of time, then you will obtain compensation. Unfortunately, this compensation is not your full paycheck. Rather you get roughly 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 get 66.67% of what you were earning at the time of the injury. If the medical professional suggests you can work with restrictions AND the Business is unable to accommodate those restrictions, you may obtain 64% of your paycheck. 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 your job because of a work associated injury, you will lose wages. The greater your disability, the more earnings you can lose. Unless you settle your case at some point, those lost wages are gone for good and will definitely not be recovered.
A further limitation on your opportunity to obtain lost wages is that those benefits are just given for a particular period of time. Once you have achieved maximum medical improvement, which is the health professionals way of expressing you're as good as you're going to get, you do not get anymore temporary benefits. Even if you have not come back to work or your position is no longer available, your temporary benefits end. If you receive an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, although those benefits are less than the temporary and they are very short lived. They typically just last a matter of a few weeks or calendar months. Just very few injured workers, the most seriously hurt, have a likelihood of receiving long term permanent benefits called permanent total disability.
If it pertains to medical care, your rights or benefits also have big limitations. If you have an injury that entails critical care, then you can get that care without first acquiring Employer or workers' comp carrier approval. Soon after that very first treatment, who you see for health care is not your decision. Your Employer or more frequently its workers compensation insurance carrier are going to inform you who exactly you can treat with. If you don't like the health care provider they select, then you can get a one time change but that's it. Moreover, you don't get to select that next medical professional either. Once again the work comp insurance carrier picks the medical professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your health insurance won't pay for it.
One of the few beneficial elements of the health care is that you do not pay for it at all, other than a $10 copayment once you reach maximum medical improvement. The insurance company is responsible for all other costs of treatment including prescribed medicine and physical therapy. Still as you have the ability to probably see by now, workers' compensation is not an awesome system. It's also a complicated system.
If you find yourself in the workers compensation system, you're better off obtaining guidance and perhaps an attorney sooner rather than later. Errors made in the workers' comp system could be difficult if not impossible to unwind. And even some errors can mean the end of your case completely. Therefore, if you have a workers' compensation accident, get in touch with us without delay. The advice is totally free, and you are under no obligation to retain us. In case you do retain us, you won't be out of pocket for any expenses or costs. Our firm only gets paid when we get benefits for you!
We Don't Get Paid Unless You Recover
At Trial Pro, P.A., our personal injury lawyers work on a contingency fee basis. That means we cover the expenses of investigating, constructing, negotiating and litigating your claim. We do not bill you a thing unless our legal professionals recover compensation on your behalf. If we don't win your lawsuit, you will owe us nothing.
Our Oldsmar injury legal professionals also offer completely free consultations to study the details of your claim and determine if you have a lawsuit. Schedule a Free Consultation
If you or another person you love has been hurt because of someone else's negligence or neglectfulness, you need a renowned lawyer by your side who is familiar with the policies and regulations in Florida.
Our Oldsmar personal injury legal professionals are well-versed in personal injury litigation and have been recognized by our peers for our accomplishments. A few of our lawyers have been listed as Super Lawyers and prominent litigators for their accomplishments on behalf of our clients.
We have recovered favorable judgments and compensations that contributed in helping 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 injuries.
Acquiring Compensation for Your Workplace Injury in Hillsborough 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