After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire maximum 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 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 Orange Bend. 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, Horizons West, Buenaventura Lakes, Cape Canaveral, Mango, Tice and more!
Frequently Asked Questions About Workers Compensation in Orange Bend, 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 Orange Bend Work Compensation Lawyers Who Know How to Succeed In Challenging Proceedings
Are you searching for a Work Comp Law Firm near you? If you are injured, we understand you may not be capable to pay a visit to our offices. If you're not able to come to our office, our firm can come to you!
Trial Pro, P.A. represents Floridians in a variety of personal injury law matters. Our practice areas include all types of personal injuries; auto accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, large trucks collisions, construction injuries and workers compensation 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 Champions Gate, Buenaventura Lakes, Lake Mary, Inglewood, Palmdale, Nokomis and all throughout Florida. Get in touch with our office for a complimentary and confidential discussion of your case.
Worker's Comp in Florida is a legally required system of benefits that are available to most workers who are injured or hurt 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 can be completely responsible or negligent in triggering an injury, moreover this does not exclude individuals from collecting benefits. In contrast your workplace or coworker can possibly be negligent in triggering the injury, and this does not qualify you to additional benefits. Workers' compensation is claimed to be both a shield and a sword as far as providing for benefits. It is a "sword" in that your Boss simply cannot defend against your claim by saying you were negligent in causing the accident. It is a "shield" that provides protection to Workplaces from having to pay workers many of the damages that are available to non-employees who are injured or hurt cause by the accident.
Need to file a Work Compensation Claim? Talk with our Expert Orange Bend, FL Workers' Compensation Attorneys Contact our office right now for the powerful representation you and your family needs - 800-874-2577
This instance illustrates the "sword and shield" angle of Worker's Comp. Let's claim that Evan is a remarkably careless cook. He rarely keeps an eye on what he's doing. He's heading out the back door at the workplace, hands full of waste, to put in the dumpster. As he rushes down the resplendent stairways, he slips and falls down breaking his scapula. His employer comes to his aid, and observes that Evan as usual was transporting excessive amounts of trash to be safe and his shoelaces were actually undone. You might probably assume that Evan does not have a case due to the fact that his neglect resulted in the accident. But you'd be mistaken.
Orange Bend, Florida businesses and home owners are under legal standing responsible for maintaining their properties and need to keep it in a within reason safe and sound condition and alert occupants of any unsafe conditions of that they are aware or should be aware.
And now let's alter the facts to some extent. Evan instead of being sloppy is very meticulous. He always ties his no slip shoes in double knots, by no means runs down the stairways, and never transports more than he can. However, his boss has been somewhat slack in recent times. The light source on the stairways burned out, and he recognizes that one of the steps is damaged and is a tripping hazard. Then again he's too hectic to address that problem now. Consequently, Evan trips on the faulty dark staircase that his manager knew of, however didn't even bother to alert Evan about. If you assume that Evan is able to now sue his manager or Employer for negligence due to his manager's careless behaviors, you would likely also be mistaken. Careless Evan has the very same legal rights as a hurt laborer as meticulous Evan does. That may appear unreasonable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
So 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 entitled to workers comp benefits. Subsequently, the company that you work with must be large enough to be required to carry worker's compensation benefits. In the event that there are not a minimum of four staff members, then the Company isn't required to offer workers' comp insurance except if it is a construction job As well, presently there are several occupations that usually are not protected in The Sunshine State under workers comp. Cases of occupations that are not covered are many real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi drivers.
Therefore, let's suppose you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident on the job? Just like many legal inquiries, the answer is that it depends. First and foremost, the calamity or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work basically denotes that some element of the job led to the accident. An example of a fairly regular injury occurrence at the workplace that is not usually a job related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest during work hours, this particular is not likely going to count as a workers' comp injury. It may have taken place at work, but the work did not trigger the cardiac arrest. Even if you have an extremely demanding job and you're manager has been harassing you non-stop and you feature a stroke due in part to the other psychological and mental toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in character and unconnected to your job functions. For that reason the simple fact that the calamity developed at the workplace is not sufficiently. Exceptions to these exemptions arise 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 anticipation that such activity is work-related - like a police officer or fire fighter.
"In the course and scope of employment" is in addition required for an injury to be covered under Workers Compensation Insurance. In order to be in the course of employment, you literally have to be at your job. If you have a auto collision either on your way to work or on your way home, the majority of the times those collisions are not going to be considered work-related accidents. There are exceptions. To be in the span of employment, you must be engaging in something related to work or at the very least engaged in some type of reasonable task the Business could have anticipated. If your job is to perform desk work in an office but you injure yourself when you and your friend choose to have a race down the stairs to see who's in the best condition that personal injury is certainly not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at that time of personal injury is no longer sufficiently linked 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 remain entitled to lost wages, you have to miss a certain amount of workdays and the disability has to last a certain period of time. If you miss barely a few days from work, you're not going to collect lost wages. In addition if you have an injury that heals within just three weeks, you're not qualified to short-term benefits. If you do suffer a personal injury that places you out of your job for a prolonged period of time, then you will obtain compensation. However, this compensation is not your full earnings. Instead you obtain as much as two-thirds of what you were making at the time of the injury. 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 physician suggests you can work with restrictions AND the Business is unable to accommodate those limitations, you may receive 64% of your wages. 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 work as a result of a work-related accident, you will lose earnings. The greater your injury, the more earnings you can lose. Unless you settle your case eventually, those lost wages are gone for good and will certainly not be recovered.
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 accident that arose out of work, what do you get? To be entitled to lost wages, you will have to miss out a particular amount of work and the injury has to last a particular period of time. If you miss out barely a full week from your job, you're not going to collect lost earnings. In addition if you have a trauma that heals in just three full weeks, you're not qualified to short-term benefits. If you do sustain a trauma that places you out of work for an extended time, then you will earn compensation. Nonetheless, this compensation is not your full wage. Instead you collect roughly two-thirds of what you were making at the time of the accident. If the health professional says no work at all, then you get 66.67% of what you were earning at the time of the accident. If the doctor claims 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 limitations and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing work due to a work associated accident, you will lose wages. The lengthier your injury, the more earnings you can forfeit. Unless you settle your case at some point, those lost earnings are gone for good and will definitely not be recovered.
A further restriction on your ability to get lost wages is that those benefits are only paid for a specific period of time. Once you have reached maximum medical improvement, which is the doctors way of saying you're on the right track now, you don't get anymore temporary benefits. Even when you have not returned to work or your position is no more available, your temporary benefits end. If you receive an impairment rating due to a permanent lesion, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They usually just last a matter of a few weeks or calendar months. Just very few injured employees, the most badly hurt, have a chance of getting long term permanent benefits called permanent total disability.
If it comes to medical care, your rights or benefits also have significant limitations. If you have an injury that requires urgent care, then you can get that care without first acquiring Workplace or workers' compensation insurance company authorization. Soon after that early medical care, who you see for health treatment is not your choosing. Your Employer or more often its workers comp insurance company may inform you who exactly you can treat with. If you don't prefer the health care provider they select, then you may get a one time change but that's it. On top of that, you don't get to select that next health care provider either. One more time the workers compensation insurance carrier picks the health professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your health plan won't pay for it.
One of the few beneficial elements of the health care is that you don't pay for it period, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance provider is accountable for all other costs of treatment including prescription medicine and physical therapy. Still as you can probably see by now, workers' compensation is not a great program. It's also a complex system.
If you find yourself in the workers comp system, you're better off getting guidance and possibly a lawyer sooner rather than later. Errors made in the workers' comp system could be hard or even impossible to unwind. And even a number of mistakes can guarantee the end of your case entirely. Therefore if you have a workers' compensation accident, contact us as soon as possible. The advice is totally free, and you are under no obligation to hire us. In case you do hire us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for our clients!
Only Pay When Your Lawyer Wins Your Case
At Trial Pro, our accident attorneys work on a contingency fee basis. That means our firm cover the expenses of investigating, building, negotiating and litigating your insurance claim. We do not charge you a single thing unless our lawyers recover compensation on your behalf. If we don't win your claim, you will pay us completely nothing.
Our Orange Bend personal injury legal professionals also offer no charge evaluations to examine the specifics of your insurance claim and establish if you have a case. Schedule a Free Evaluation
If you or someone you love has been injured as a result of someone else's negligence or carelessness, you need a good lawyer by your side who is familiar with the statutes and laws in FL.
Our Orange Bend injury legal professionals are skilled in accident litigation and have been recognized by our peers for our achievements. Some of our attorneys have been mentioned as Super Lawyers and notable litigators for their achievements in behalf of our clients.
We have recovered desirable judgments and settlements that were instrumental in enabling our clients to bounce back from their injuries or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your personal injuries.
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
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