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 Orlando. 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, Brandon, Taft, Holden Heights, Dr. Phillips, Lake Hart and more!
Frequently Asked Questions About Workers Compensation in Orlando, 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 Orlando Work Compensation Attorneys Who Know How to Succeed In Tough Claims
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Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all kinds of personal injuries; car accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall injuries, tractor-trailer collisions, construction accidents and workers compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to people in cities such as Astor, Montverde, Metrowest, Barefoot Beach, Nokomis, Murdock and across Florida. Get in touch with our law firm for a free of cost and confidential discussion of how we can help.
Work Comp in Florida is a legally required system of benefits that are readily available to most people who are injured on the job. 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 entirely to blame or negligent in resulting in an accident, and this does not disqualify you from collecting benefits. In contrast your employer or coworker could be negligent in triggering the injury, and this particular does not qualify you to additional benefits. Workers' compensation is claimed to be both 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 triggering the accident. It is a "shield" that safeguards Companies from having to pay laborers many of the damages that are available to non-employees who are hurt following the unfortunate incident.
Need to file a Work Compensation Claim? Talk with our Expert Orlando, FL Workers' Compensation Attorneys Regardless of where your home is situated Call our office Today for a free consultation - 800-874-2577
This good example illustrates the "sword and shield" factor of Work Comp. Let's point out that Evan is an extremely sloppy baker. He barely cares about what he's doing. He's going out the back door at work, hands packed with garbage, to throw in the dumpster. As he rushes down the resplendent staircases, he trips and collapses snapping his knee-cap. His manager comes to his aid, and observes that Evan as usual was carrying excessive amounts of trash to be safe and his shoelaces were simply untied. You might actually assume that Evan doesn't have a case simply because his recklessness resulted in the unfortunate incident. Yet you would be wrong.
Orlando companies and property owners are under legal standing liable for taking care of their premises and need to maintain it in a fairly free from danger condition and tell occupants of any dangerous conditions of which they are conscious or need to be aware.
And now let's alter the facts slightly. Evan rather than being sloppy is extremely meticulous. He actually ties his no slip work shoes in double knots, by no means rushes down the stairways, and never ever transports more than he should. However, his manager has been fairly neglectful recently. The light bulb on the stairs blown out, and he knows that one of the steps is damaged and is a tripping risk. Nevertheless he's too busy to handle that problem now. Consequently, Evan trips on the faulty dark staircase that his manager knew about, yet failed to even try to tell Evan about. If you presume that Evan can possibly now file a claim against his boss or Employer for negligence as a result of his boss's negligent behaviors, you would also be wrong. Careless Evan has the very same rights as a hurt employee as cautious Evan does. That may appear unjust, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
Therefore let's analyze who is eligible to these kinds of benefits in FL. To start with, you need to be an employee. Independent contractors (or 1099 staff members) are not entitled to work comp benefits. Also, the business that you work for will have to be big enough to be required to carry work comp benefits. In the case that there aren't a minimum of four workers, then the Company isn't obligated to carry work comp insurance coverage except if it is a building and construction job As well, presently there are specific occupations that usually are not protected in FL under work comp. Good examples of jobs that are not covered are nearly all real estate agents, owner-operators of semis, most volunteers, and taxi cab drivers.
Just let's assume you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident on the job? Like many legal issues, the answer is that it depends. Primarily, the calamity or personal injury must "arise out of" and be "in the course and scope" of employment. Arising out of work basically denotes that some element of the task triggered the accident. An example of a fairly frequent injury instance at the workplace that is not typically a job related accident is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest during the course of work hours, this is not really going to count as a workers' comp accident. It may have occurred at work, but the job did not inflict the heart attack. Even if you have an extremely arduous job and you're manager has been harassing you non-stop and you have a stroke due somewhat to the other emotional toll work takes on you, this is not likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are contemplated to be personal in nature and unrelated to your job functions. Subsequently the fact that the calamity manifested at work is not enough. Exceptions to these exclusions arise if: (a) you are engaged in an unusual strain or exertion at work, or (b) you are involved in an employment where there is a presumption that such an event is work-related - like a law enforcement officer or fire fighter.
"In the course and scope of employment" is required for an injury to be covered under Workers Compensation Insurance. To be in the course of employment, you really have to be at your job. If you have a auto wreck either on your way to work or on your way home, the majority of times those personal injuries are not going to be considered work-related accidents. There are exceptions. To be in the scope of employment, you must be performing something related to work or even at least engaged in some kind of reasonable activity the Company could have anticipated. If your job is to do desk work in an office but you hurt yourself when you and your buddy decide to have a run down the stairs to see who's in optimum condition that personal injury is definitely not going to be considered work-related. You have unreasonably deviated from your job duties to the point that what you're doing at the moment of personal injury is no more sufficiently connected to work to get considered 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 receive? To be entitled to lost wages, you will have to miss a certain amount of work and the disability has to last a particular period of time. If you skip no more than a full week from work, you're not going to be given lost wages. In addition if you have a trauma that heals within just three weeks, you're not qualified to temporary benefits. If you do sustain a personal injury that places you out of your job for a prolonged period of time, then you will receive compensation. On the other hand, this compensation is not your whole paycheck. Rather you receive as much as two-thirds of what you were making at the time of the personal injury. If the doctor says no work at all, at that time you get 66.67% of what you were earning at the time of the accident. If the doctor claims you can work with limitations AND the Company is unable to accommodate those limitations, you may get 64% of your wages. 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 work due to a work associated accident, you will lose wages. The longer your disability, the more wages you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.
Thus let's claim that you've cleared the hurdles of being a worker 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 remain entitled to lost wages, you must miss out a particular amount of work and the disability has to last a specific period of time. If you skip no more than a few days from work, you're not going to receive lost earnings. At the same time if you have a trauma that heals within three weeks, you're not qualified to temporary benefits. If you do sustain a trauma that places you out of work for an extended time, then you will receive compensation. Unfortunately, this remuneration is not your full wage. Rather you obtain around 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 time you get 66.67% of what you were making at the time of the accident. If the health professional says you can work with restrictions AND the Business is unable to accommodate those restrictions, you may obtain 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 receive no compensation. So bottom line is that if you are missing your job because of a work associated injury, you will lose earnings. The longer your impairment, the more wages you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will not be recovered.
A further restriction on your opportunity to get lost wages is that those benefits are just paid for a certain period of time. As soon as you have attained maximum medical improvement, which is the doctors way of stating you're on the right track now, you will not get anymore temporary benefits. Even if you have not returned to work or your job 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, but 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. Only very handful of injured employees, the most severely hurt, have a likelihood of acquiring long term permanent benefits called permanent total disability.
Every time it pertains to medical care, your rights or benefits also have substantial limitations. If you have an injury that entails emergency care, then you can get that care without first getting Workplace or workers' compensation service provider approval. Soon after that early medical care, who you see for health treatment is not your choosing. Your Employer or more often its work compensation insurance carrier will inform you who exactly you can treat with. If you don't like the physician they pick, then you may get a one time change but that's it. Also, you don't get to choose that next health professional either. Again the workers 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 health care provider out of pocket. Your health insurance will not cover it.
One particular of the few positive aspects 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 medical care including prescription medicine and physical therapy. Still as you can probably see already, workers' comp is not an outstanding program. It's also a complicated system.
If you find yourself in the work compensation system, you're better off obtaining advice and possibly a lawyer sooner rather than later. Mistakes made in the workers' compensation system might be challenging if not impossible to unwind. And also a few mistakes can signify the end of your case altogether. Therefore if you have a workers' comp accident, speak to us without delay. The consultation is totally free, and you are under no obligation to hire us. In the case that you do hire us, you won't be out of pocket for any charges or costs. Our firm only gets paid when we get benefits for our clients!
We Do Not Get Paid Unless You Do
At Trial Pro, our collision lawyers work on a contingency fee basis. This means our firm cover the expenses of investigating, building, negotiating and litigating your claim. We do not charge you a thing unless we recover compensation on your behalf. If we don't win your claim, you will pay us nothing.
Our Orlando injury legal professionals also offer complimentary evaluations to assess the elements of your claim and establish if you have a lawsuit. Arrange a Free Evaluation
If you or someone you love has been hurt as a result of someone else's negligence or carelessness, you need a highly regarded lawyer on your side who is knowledgeable with the policies and regulations in The Sunshine State.
Our Orlando personal injury legal professionals are skilled in accident litigation and have been recognized by our peers for our victories. Some of our legal professionals have been named as Super Lawyers and notable litigators for their victories in behalf of our clients.
We have recovered favorable judgments and settlements that were instrumental in helping our clients to bounce back from their personal injuries or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to 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
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