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 Pinellas County. 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, Port Canaveral, Clarcona, Saint Petersburg, Sky Lake, Forest Island Park and more!
Frequently Asked Questions About Workers Compensation in Pinellas County, 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 Pinellas County Workers' Compensation Lawyers Who Know How to Win Tough Suits
Are you searching for a Workers' Compensation Attorneys near you? If you are injured or hurt, we understand you may not be capable to pay a visit to our offices. If you're unable to come to us, our experts can come to you!
Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all sorts of accidents; car accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, large trucks collisions, construction accidents 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 clients in areas such as Fairview Shores, Oakland, Avalon Park, Temple Terrace, Lake Magdalene, Mcqueens Village and throughout Florida. Contact our office for a free of cost and confidential discussion of your case.
Work Comp in Pinellas County is a legally required system of benefits that are accessible 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 can be entirely at fault or neglectful in resulting in an injury, and this does not exclude individuals from obtaining benefits. In contrast your supervisor or colleague can possibly be negligent in triggering the unfortunate incident, and this does not qualify 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" in that your Boss can not defend against your claim by saying you were negligent in causing the injury. It is a "shield" that guards Employers from having to pay staff members many of the damages that are available to non-employees who are injured or hurt following the accident.
Need to file a Work Compensation Claim? Talk with our Expert Pinellas County Work Comp Lawyers Contact Trial Pro, P.A. Right away for a completely free case evaluation - 800-874-2577
This example portrays the "sword and shield" aspect of Work Comp. Let us's suppose Evan is an extremely reckless baker. He hardly cares about what he's doing. He's heading out the back entrance at the workplace, hands full of waste, to toss in the dumpster. As he rushes down the luminous stairways, he slips and falls down cracking his ankle. His supervisor goes to his aid, and notices that Evan once and again was transporting excessive amounts of trash to be safe and his shoe laces were undone. You might probably assume that Evan does not have a claim considering that his neglect triggered the personal injury. Yet you would be wrong.
Pinellas County, FL businesses and home owners are by law liable for maintaining their properties and need to always keep it in a within reason free from danger condition and alert occupants of any harmful conditions of that they are aware or should be aware.
And now let's change the facts to some extent. Evan as opposed to being sloppy is quite meticulous. He always ties up his no slip work shoes in repeated knots, not ever races down the staircases, and certainly never transports more than he should. Nevertheless his employer has been relatively slack recently. The lighting on the stairs burned out, and he realizes that one of the steps is cracked and is a tripping hazard. Nevertheless he's too tied up to deal with that issue at the moment. Consequently, Evan trips on the faulty dark stair that his boss knew about, yet failed to even bother to warn Evan about. If you suppose that Evan can easily now take legal action against his boss or Employer for negligence due to his boss's negligent actions, you would most likely also be wrong. Unmindful Evan has the exact same rights as a seriously injured laborer as mindful Evan does. That may seem unreasonable, but that is a consequence of fault of negligence being a non-issue in work comp.
Therefore, let's analyze who is qualified to these benefits in FL. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not qualified to work comp benefits. Secondly, the company that you work with will need to be large enough to be required to carry workers' comp benefits. In the case that there are not at least four staff members, then the Employer isn't expected to carry worker's compensation coverage unless it is a building and construction job Also, presently there are specific occupations that usually are not covered in FL under work comp. Cases of jobs that are not covered are nearly all real estate agents, owner-operators of semis, almost all volunteers, and taxi cab drivers.
Just let's suppose you qualify as an employee under the workers compensation 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 inquiries, the answer is that it depends. Primarily, 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 element of the work caused the accident. An example of a reasonably common injury occurrence at the workplace that is not frequently a work-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 really going to count as a worker comp accident. It may have happened at work, but the job did not cause the heart attack. Whether or not you have a very demanding job and you're boss has been harassing you relentlessly and you have a stroke due partly to the other emotional toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are considered to be personal in character and unassociated to your work responsibilities. Therefore the fact that the incident took place on the job is not sufficient. 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 activity is work-related - for instance, a police officer or fire fighter.
"In the course and scope of employment" is required for an injury to be covered under workers comp. In order to be in the course of employment, you certainly have to be at your job. If you have a car or truck traffic collision either on your way to work or on your way home, the majority of times those accidents are not going to be considered work-related injuries. There are exceptions. To be in the span of employment, you need to be engaging in a task related to work in other words at least engaged in some kind of reasonable activity the Employer could possibly have foreseen. If your occupation is to do paperwork in an office space but you injure yourself when you and your buddy decide to have a run down the stairway to see who's in the very best condition that injury is certainly not going to be considered work-related. You have unreasonably deviated from your job 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 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 injury that arose out of work, what do you obtain? To be entitled to lost wages, you have to miss a certain amount of workdays and the injury has to last a specific period of time. If you miss out less than a full week from work, you're not going to collect lost wages. At the same time if you have an injury that heals in just three weeks, you're not qualified to short-term benefits. If you do sustain an injury that places you out of work for a lengthy time, then you will obtain compensation. However, this compensation is not your full paycheck. Instead you obtain approximately two-thirds of what you were making at the time of the injury. If the health professional says no work at all, then you receive 66.67% of what you were earning at the time of the injury. If the physician suggests you can work with limitations AND the Business is unable to accommodate those limitations, you may receive 64% of your pay. But if your Boss 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 work because of a work associated injury, you will lose wages. The lengthier your disability, the more wages you can forfeit. Unless you settle your case at some point, those lost wages are gone for good and will definitely not be recovered.
Thus let's say you've cleared the hurdles of being an employee that's 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 workdays and the injury has to last a certain period of time. If you skip less than a week from your job, you're not going to get lost wages. At the same time if you have a trauma that heals within three weeks, you're not entitled to temporary benefits. If you do suffer an injury that manages to keep you out of work for a prolonged time, then you will get compensation. Nevertheless, this remuneration is not your full earnings. Rather you obtain around two-thirds of what you were earning at the time of the personal injury. If the medical professional says no work at all, then you receive 66.67% of what you were earning at the time of the injury. If the health care provider claims you can work with limitations AND the Company is not able to accommodate those restrictions, you may receive 64% of your income. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no reimbursement. So bottom line is that if you are missing your job due to a work-related injury, you will lose wages. The longer your impairment, the more paychecks you can lose. Unless you settle your case at some time, those lost wages are gone for good and will certainly not be recovered.
A further constraint on your opportunity to obtain lost wages is that those benefits are only given for a specific period of time. Once you have attained maximum medical improvement, which is the doctors way of expressing you're good to go, you will not get any more temporary benefits. Even when you have not gone back to work or your job is no more available, your temporary benefits end. If you get an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few weeks or months. Just very few injured workers, the most badly injured, 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 major limitations. If you have an injury that requires emergency care, at that point you can get that care without first getting Employer or workers' compensation insurance company authorization. Shortly after that very first medical care, who you see for medical care is not your decision. Your Employer or often its work compensation insurance service provider are going to inform you who exactly you can treat with. If you don't prefer the health care provider they pick, then you can get a one time change but that's it. Plus, you don't get to choose that next physician either. Once again the workers compensation insurance provider picks the health care provider. You can get what is called an IME, or "independent medical doctor", but you have to pay for that doctor out of pocket. Your health plan will not cover it.
One particular of the few positive elements of the health care is that you do not pay for it period, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is accountable for all other expenses of treatment including prescribed drugs and physical therapy. Still as you have the ability to probably see by now, workers' comp is not an awesome program. It's also a complicated system.
If you find yourself in the work compensation system, you're better off getting guidance and possibly an attorney sooner rather than later. Mistakes made in the workers' comp system could be troublesome if not impossible to unwind. And even a couple errors can signify the end of your case completely. Therefore if you have a workers' compensation accident, consult with us right away. The consultation is absolutely 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. Our firm only gets paid when we get benefits for you!
No Fees Unless We Win
At Trial Pro, P.A., our accident attorneys work on a contingency fee basis. This means our experts cover the expenses of investigating, building, negotiating and litigating your claim. We do not bill you a single thing unless our legal professionals recover compensation on your behalf. If we do not win your insurance claim, you will pay us nothing.
Our Pinellas County injury attorneys also offer no charge evaluations to review the specifics of your insurance claim and establish if you have a lawsuit. Schedule a Free Evaluation
If you or someone else you love has been injured as a result of someone else's negligence or carelessness, you need a dependable attorney on your side who is familiar with the laws and regulations in Florida.
Our Pinellas County injury attorneys are experts in injury lawsuits and have been recognized by our peers for our successes. A few of our lawyers have been named as Super Lawyers and prestigious litigators for their accomplishments on behalf of our clients.
We have recovered favorable verdicts and compensations that contributed in aiding 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 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