Palm River Workers Compensation Attorney

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 Palm River. 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, Deltona, Buenaventura Lakes, Lake Nona, Avalon Park, Wedgefield and more!

• 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.

Are you searching for a Workers' Compensation Attorneys near you? If you are injured or hurt, we recognize you may not have the ability to visit our offices. Let us come to your place!

Trial Pro, P.A. works with Floridians in a variety of personal injury legal matters. Our practice areas include all sorts of personal injuries; car accidents, motorcycle collisions, wrongful death claims, slip-and-fall injuries, semi-truck collisions, construction injuries and workplace injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to clients in areas like Fairview Shores, Oakland, Avalon Park, East Lake, Palm River, East Tampa and across Florida. Get in touch with our office for a free of cost 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 or hurt at work. It is a no-fault system, meaning that for the most part negligence in the root cause of an accident is a non-issue. You could be totally to blame or neglectful in leading to an injury, moreover this does not exclude you from collecting benefits. Conversely your employer or colleague can possibly be negligent in triggering the unfortunate incident, and this particular does not entitle you to extra benefits. Workers' compensation is said as being simultaneously a shield and a sword as for providing for benefits. It is a "sword" because your Boss simply cannot defend against your claim by saying you were negligent in triggering the injury. It is a "shield" that safeguards Workplaces from having to pay workers many of the damages that are readily available to non-employees who are injured due to the unfortunate incident.

Need to file a Workers' Compensation Claim? Talk with our Expert Palm River, Florida Workers' Compensation Attorneys Call for your free consultation without delay - 800-874-2577

This example depicts the "sword and shield" part of Worker's Comp. Let us's point out Evan is a very careless baker. He barely pays attention to what he's working on. He's heading out the side door at the workplace, hands full of garbage, to toss in the dumpster. As he runs down the luminous staircases, he slips and collapses hurting his knee-cap. His employer comes to his aid, and observes that Evan as usual was carrying way too much to be safe and his shoe laces were simply undone. You might think that Evan does not have a claim considering that his carelessness resulted in the unfortunate incident. However, you'd be wrong.

Palm River, FL businesses and residential or commercial property owners are by law liable for maintaining their premises and must always keep it in a reasonably safe and sound condition and tell occupants of any hazardous conditions of which they are aware or should be aware.

Now let's alter the facts just a little. Evan instead of being careless is quite diligent. He consistently ties up his no slip boots in double knots, not ever races down the stairs, and certainly never transports a lot more than he can. Nevertheless his business manager has been fairly neglectful in recent times. The lamp on the staircases burned out, and he realizes that one of the steps is damaged and is a tripping hazard. Then again he's too tied up to handle that issue right away. As a result, Evan trips on the faulty dark staircase that his employer knew about, however failed to even bother to warn Evan about. If you presume that Evan can possibly now litigate his manager or Employer for negligence as a result of his boss's careless behaviors, you would most likely also be wrong. Reckless Evan possesses the exact same rights as a hurt person as meticulous Evan does. That may seem unjust, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore let's analyze who is entitled to these benefits in FL. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not qualified to workers' compensation benefits. Subsequently, the business that you work for will need to be big enough to be required to hold workers' comp benefits. Assuming that there aren't at the very least four employees, then the Business isn't required to hold workers' comp insurance coverage except if it is a construction employment Also, presently there are particular occupations that usually are not covered in The Sunshine State under workers comp. Examples of occupations that aren't covered are the majority of real estate agents, owner-operators of rigs, almost all volunteers, and taxi cab drivers.

Just let's say you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at the workplace? Like many legal questions, the answer is that it depends. Primarily, the calamity or personal injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially implies that some aspect of the task triggered the accident. An example of a relatively usual injury occurrence at work that is not frequently a job 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 most likely to count as a workers compensation accident. It may have happened at work, but the job did not trigger the cardiac arrest. Even if you have a very stressful job and you're employer has been harassing you non-stop and you have a stroke due partly 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 not related to your job functions. Subsequently the simple fact that the misfortune occurred at the workplace is not sufficiently. 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 probability that such an event is work-related - for example, a law enforcement officer or fire fighter.

"In the course and scope of employment" is in addition required for an accident to be covered under workers' comp. To be in the course of employment, you certainly have to be at your job. If you have a auto crash either on your way to work or on your way home, the majority of the instances those traffic collisionsare not going to be considered job related accidents. There are exceptions. To remain in the span of employment, you need to be performing something related to work or at the very least engaged in some sort of reasonable task the Employer could possibly have anticipated. If your position is to do desk work in an office space but you hurt yourself when you and your buddy choose to have a run down the staircase to see who's in the very best condition that accident 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 during the time of injury is no longer sufficiently connected to work to get considered work-related.

Thus let's claim that 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 remain entitled to lost wages, you will have to miss a particular amount of work and the disability has to last a certain period of time. If you miss barely a week from your job, you're not going to get lost earnings. Also if you have an injury that heals in just three full weeks, you're not qualified to short-term benefits. If you do suffer an injury that places you out of job for a lengthy period of time, then you will receive compensation. On the other hand, this compensation is not your whole salary. Instead you get approximately two-thirds of what you were making at the time of the accident. If the doctor says no work at all, then you get 66.67% of what you were making at the time of the accident. If the physician suggests you can work with restrictions AND the Company is unable to accommodate those limitations, you may receive 64% of your salary. But if your Boss is able to accommodate those limitations 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-related accident, you will lose wages. The greater your impairment, the more wages you can lose. Unless you settle your case eventually, those lost wages are gone for good and will not be recovered.

Therefore, let's claim that 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 receive? To remain entitled to lost wages, you have to miss a particular amount of workdays and the incapacity has to last a specific period of time. If you skip less than a week from your job, you're not going to collect lost earnings. In addition if you have an injury that heals within just three full weeks, you're not qualified to short-term benefits. If you do suffer an injury that keeps you out of work for a lengthy time, then you will obtain compensation. On the other hand, this compensation is not your full wage. Instead you obtain approx two-thirds of what you were earning at the time of the personal injury. If the physician says no work at all, then you receive 66.67% of what you were making at the time of the accident. If the doctor states you can work with restrictions AND the Employer is not able to accommodate those restrictions, 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 get no reimbursement. So bottom line is that if you are missing work because of a work-related injury, you will lose earnings. The longer your disability, the more earnings you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will definitely not be recovered.

A further limitation on your ability to receive lost wages is that those benefits are only paid for a certain period of time. Once you have reached maximum medical improvement, which is the physicians way of claiming you're as good as you're going to get, you don't get any more temporary benefits. Even when you have not come back to work or your job is no longer available, your temporary benefits end. If you receive an impairment rating due to 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 months. Just very handful of injured workers, the most seriously injured, have a likelihood of being given long-term permanent benefits called permanent total disability.

When it relates to medical care, your rights or benefits also have major constraints. If you have injuries that entails emergency care, then you can get that care without first getting Company or workers' compensation provider authorization. Right after that very first treatment, who you see for health care is not your selection. Your Employer or more often its work comp insurance service provider may notify you who exactly you can treat with. If you don't like the health care provider they pick, then you may get a one time change but that's it. Moreover, you don't have the ability to pick that next health care provider either. One more time the work comp insurance carrier picks the doctor. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your medical insurance will not pay for it.

One particular of the few beneficial aspects of the health care is that you do not pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance provider is responsible for all other expenses of treatment including prescription drugs and physical therapy. Still as you have the ability to probably see now, workers' compensation is not an excellent program. It's also a complex system.

If you find yourself in the work comp system, you're better off obtaining advice and perhaps legal representation sooner rather than later. Mistakes made in the workers' comp system may be tough if not impossible to unwind. Moreover some errors can mean the end of your case altogether. Therefore, if you have a workers' compensation accident, contact us right away. The consultation is free, and you are under no commitment to hire us. On the assumption that you do retain us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for you!

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