After experiencing an accident in Melbourne, 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 Melbourne law firm that will fearlessly fight to acquire optimal compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Melbourne 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 Palm Bay. 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, Buenaventura Lakes, Lake Monroe, Sky Lake, Mango, Astatula and more!
Frequently Asked Questions About Workers Compensation in Palm Bay, 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 Palm Bay Work Compensation Lawyers Who Know How to Win Tough Suits
Are you looking for a Workers' Compensation Attorneys near you? If you are injured or hurt, we understand you may not be able to drop by our offices. Let us go to your place!
Trial Pro, P.A. represents Floridians in a variety of personal injury judicial matters. Our practice areas include all sorts of accidents; car accidents, motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, eighteen-wheeler accidents, construction injuries and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to people in areas such as Grant, Fellsmere, Sebastian, Palm Bay, Indian River Shores, Lotus and all over Florida. Contact our law firm for a free of cost and confidential discussion of how we can help.
Workers' compensation in Palm Bay, FL 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 cause of an accident is a non-issue. You can be entirely responsible or neglectful in resulting in an injury, and this does not exclude individuals from receiving benefits. Conversely your boss or coworker might be negligent in leading to the injury, and this particular does not entitle you to more benefits. Workers' compensation is said to be equally a shield and a sword as far as providing for benefits. It is a "sword" in that your employer can not defend against your claim by saying you were negligent in triggering the injury. It is a "shield" that safeguards Workplaces from having to pay laborers a lot of the damages that are available to non-employees who are injured after the accident.
Need to file a Work Comp Claim? Talk with our Expert Palm Bay Workers' Comp Lawyers Contact our office As soon as possible and put our team of seasoned legal professionals to help you now - 800-874-2577
This example portrays the "sword and shield" part of Work Comp. Let's mention Evan is an extremely reckless baker. He rarely cares about what he's working on. He's heading out the back door at work, hands loaded with garbage, to toss in the dumpster. As he rushes down the resplendent stairways, he slips and collapses fracturing his pelvis. His boss goes to his aid, and observes that Evan as is the custom was carrying excessive amounts of garbage to be safe and his shoelaces were actually untied. You may perhaps expect that Evan may not have a claim just because his recklessness induced the injury. However, you'd be wrong.
Palm Bay businesses and residential or commercial property owners are under legal standing accountable for taking care of their properties and have to maintain it in a within reason safe and sound condition and alert occupants of any harmful conditions of that they are aware or need to be aware.
Now let's alter the facts just a bit. Evan as opposed to being careless is extremely vigilant. He always ties up his no slip boots in repeated knots, never ever runs down the staircases, and under no circumstances holds more than he can. Nevertheless his boss has been fairly slack recently. The lighting on the stairs burned out, and he realizes that one of the steps is cracked and is a tripping risk. Nevertheless he's too hectic to deal with that problem now. Consequently, Evan trips on the faulty dark stair that his employer knew of, however failed to even try to alert Evan about. If you presume that Evan can possibly now sue his manager or Workplace for negligence as a result of his manager's careless practices, you would most likely also be wrong. Negligent Evan has the same rights as a seriously injured worker as vigilant Evan does. That may appear not fair, but that is a consequence of fault of negligence being a non-issue in work comp.
So let's examine who is eligible to these kinds of benefits in FL. First of all, you have to be an employee. Independent contractors (or 1099 workers) are not qualified to workers' compensation benefits. Also, the business that you work with needs to be big enough to be required to bear workers' comp benefits. On the assumption that there aren't at the very least four staff members, then the Business isn't obligated to hold work comp insurance except if it is a construction employment Also, there are particular jobs that aren't protected in FL under work comp. Some examples of jobs that aren't covered are nearly all real estate agents, owner-operators of rigs, most volunteers, and taxi cab drivers.
Therefore, let's claim 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 at the workplace? Just like many legal inquiries, the answer is that it depends. Before all else, the accident or trauma needs to "arise out of" and be "in the course and scope" of employment. Arising out of work generally implies that some aspect of the job caused the accident. A good example of a fairly usual injury occurrence at the workplace that is not typically a job 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 likely going to count as a worker comp injury. It may have happened at work, but the work did not lead to the cardiac arrest. Even if you have a very arduous career and you're supervisor has been harassing you non-stop and you feature a stroke due partially 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 regarded to be personal in nature and not related to your job duties. Subsequently the simple fact that the incident happened on the job is not sufficient. Exceptions to these exemptions emerge if: (a) you are involved in an unusual stress or effort at the workplace, or (b) you are involved in an line of work where there is a anticipation that such an event is work-related - which include a police officer or fire fighter.
"In the course and scope of employment" is required for an injury to be protected under workers' comp. So as to be in the course of employment, you in essence have to be at your job. If you have a automobile collision either on your way to work or on your way home, a lot of instances those unfortunate incidents are not going to be considered work-related injuries. There are exceptions. To remain in the span of employment, you have to be conducting something related to work or at the very least engaged in some type of reasonable activity the Business could possibly have foreseen. If your position is to perform desk work in an office but you injure or hurt yourself when you and your friend decide to have a run down the stairway to see who's in the very best condition that personal injury is definitely not going to be considered work-related. You have unreasonably deviated from your work duties to the point that what you're doing during the time of accident is no longer sufficiently connected to work to get regarded as work-related.
Thus let's say you've cleared the hurdles of being a worker that's injured in the course and scope of your job by an accident that arose out of work, what do you receive? To remain entitled to lost wages, you must miss out a particular amount of workdays and the injury has to last a certain period of time. If you miss barely a week or so from work, you're not going to get lost earnings. At the same time if you have an injury that heals in less than three full weeks, you're not entitled to temporary benefits. If you do suffer an accident that places you out of job for a prolonged time, then you will earn compensation. Having said that, this compensation is not your whole paycheck. Rather you obtain around two-thirds of what you were earning at the time of the accident. If the doctor 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 doctor says you can work with restrictions AND the Company is unable to accommodate those restrictions, you will receive 64% of your compensation. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no reimbursement. So bottom line is that if you are missing your job because of a work-related injury, you will lose earnings. The lengthier your disability, 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.
Therefore, 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 obtain? To be entitled to lost wages, you have to miss a particular amount of workdays and the injury has to last a certain period of time. If you miss out barely a week from work, you're not going to get lost earnings. Additionally if you have an injury that heals in just three full weeks, you're not entitled to short-term benefits. If you do suffer an accident that keeps you out of job for a prolonged time, then you will receive compensation. On the other hand, this remuneration is not your whole salary. Rather you receive around two-thirds of what you were making at the time of the personal injury. If the doctor says no work at all, then you get 66.67% of what you were earning at the time of the accident. If the doctor suggests you can work with limitations AND the Company is unable to accommodate those limitations, you may obtain 64% of your earnings. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you receive no reimbursement. So bottom line is that if you are missing your job as a result of a work associated injury, you will lose earnings. The longer your disability, the more wages you can lose. Unless you settle your case eventually, those lost wages are gone for good and will certainly not be recovered.
A further constraint on your ability to earn lost wages is that those benefits are only given for a particular period of time. Once you have obtained maximum medical improvement, which is the physicians way of expressing you're good to go, you don't get anymore temporary benefits. Despite the fact that 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 injury, you will receive permanent impairment benefits, however those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few weeks or months. Just very few injured workers, the most badly injured, have a chance of obtaining long-term permanent benefits called permanent total disability.
Every time it comes to medical care, your rights or benefits also have great constraints. If you have an injury that requires emergency care, then you can get that care without first acquiring Company or workers' comp carrier approval. Following that initial treatment, who you see for medical treatment is not your choosing. Your Employer or often its work compensation insurance service provider are going to notify you who exactly you can treat with. If you don't prefer the physician they select, then you may get a one time change but that's it. Moreover, you don't have the ability to pick that next physician either. One more time the workers compensation insurance provider picks the physician. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your medical insurance won't cover it.
One of the few positive elements of the health care is that you don't pay for it period, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is accountable for all other expenses of treatment including prescription drugs and physical therapy. Still as you can probably see by now, workers' comp is not an excellent system. It's also a complicated system.
If you find yourself in the workers compensation system, you're better off obtaining advice and possibly a lawyer sooner rather than later. Mistakes made in the workers' comp system might be troublesome if not impossible to unwind. Plus some mistakes can signify the end of your case entirely. Therefore, if you have a workers' compensation injury, speak with us immediately. The consultation is completely free, and you are under no obligation to retain us. Assuming that 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 you!
No Fee Unless Recovery
At Trial Pro, our traffic collision attorneys operate on a contingency fee basis. That means our firm cover the expenses of researching, building, negotiating and litigating your lawsuit. We do not charge you anything unless we recover compensation on your behalf. If we don't win your suit, you will pay us nothing at all.
Our Palm Bay personal injury lawyers also provide cost-free evaluations to discuss the particulars of your case and determine if you have a lawsuit. Set Up a Free Assessment
If you or someone you love has been injured due to someone else's negligence or carelessness, you need a reputable lawyer by your side who is knowledgeable with the policies and regulations in The Sunshine State.
Our Palm Bay personal injury attorneys are skilled in injury lawsuits and have been acknowledged by our peers for our achievements. Several of our lawyers have been classified as Super Lawyers and distinguished litigators for their achievements on behalf of our clients.
We have recovered favorable verdicts and settlements that contributed in assisting our clients recoup 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 personal injuries.
Acquiring Compensation for Your Workplace Injury in Brevard 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