After experiencing an accident in Melbourne, 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 Melbourne law firm that will fearlessly fight to acquire maximum 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 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 Port Canaveral. 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, Kissimmee, Doctor Phillips, Lehigh Acres, Orlovista, Nocatee and more!

Frequently Asked Questions About Workers Compensation in Port Canaveral, 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 Port Canaveral Workers' Comp Lawyers Who Know How to Succeed In Challenging Suits

Are you looking for a Work Comp Law Firm near you? If you are injured, we understand you may not be able 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 legal matters. Our practice areas include all forms of injuries; automobile accidents, motorcycle collisions, wrongful death cases, slip-and-fall accidents, eighteen-wheeler accidents, construction accidents and workers compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to clients in cities like Suntree, Fellsmere, Cocoa, West Eau Gallie, Titusville, Viera and throughout Florida. Contact our law firm for a completely free and confidential assessment of how we can help.

Worker's Comp in Port Canaveral, FL is a legally required system of benefits that are accessible to most people who are injured on the job. 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 totally to blame or neglectful in leading to an injury, and this does not exclude people from getting benefits. Conversely your boss or colleague might be negligent in causing the injury, and this particular does not qualify you to more benefits. Work Comp is claimed for being simultaneously a shield and a sword as far as providing for benefits. It is a "sword" in that your Boss can not defend against your claim by saying you were negligent in creating the injury. It is a "shield" that guards Workplaces from having to pay laborers a lot of the damages that are readily available to non-employees who are injured after the accident.

Need to file a Work Compensation Claim? Talk with our Expert Port Canaveral Workers' Comp Lawyers Our attorneys have recovered millions of dollars for our clients in Orlando. Call Trial Pro, P.A. Without delay - 800-874-2577

This scenario exposes the "sword and shield" angle of workers' compensation. Let us's point out Evan is an extremely sloppy chef. He barely keeps an eye on what he's doing. He's heading out the back entrance at the workplace, hands loaded with garbage, to toss in the dumpster. As he rushes down the luminous staircases, he trips and collapses breaking his upper arm. His manager comes to his aid, and notices that Evan once and again was transporting excessive amounts of garbage to be safe and his shoe laces were untied. You may perhaps expect that Evan may not have a case considering his carelessness caused the injury. However you'd be wrong.

Port Canaveral businesses and property owners are lawfully responsible for taking care of their properties and have to always keep it in a fairly safe and sound condition and alert occupants of any harmful conditions of that they are conscious or need to be aware.

Now let's alter the facts just a bit. Evan as opposed to being careless is extremely careful. He always ties up his no slip shoes in repeated knots, certainly never rushes down the stairways, and under no circumstances transports a lot more than he should. However his employer has been relatively slack in recent times. The light bulb on the stairways burned out, and he realizes that one of the steps is fractured and is a tripping hazard. Nonetheless he's too hectic to handle that problem now. As a result, Evan trips on the faulty unlit stair that his manager knew of, yet didn't even bother to alert Evan about. If you assume that Evan can easily now file suit his manager or Employer for negligence as a result of his boss's careless behaviors, you would also be wrong. Reckless Evan possesses the same legal rights as a hurt person as meticulous Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in workers comp.

So let's examine who is eligible to these types of benefits in Florida. First of all, you have to be an employee. Independent contractors (or 1099 professionals) are not qualified to work comp benefits. Also, the business that you work with will have to be big enough to be required to bear work comp benefits. If there aren't at minimum four staff members, then the Employer isn't obligated to hold workers' comp insurance except if it is a building and construction employment Also, presently there are several roles that usually are not protected in The Sunshine State under workers comp. Examples of jobs that aren't covered are most real estate agents, owner-operators of trucks, the majority of volunteers, and taxi cab drivers.

So let's state that you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you sustain injuries or have an accident at work? Like many legal issues, the answer is that it depends. First and foremost, the accident or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially implies that some element of the task triggered the accident. An example of a relatively usual injury occurrence at the workplace that is not usually a work-related accident is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack in the middle of work hours, this specific is not going to count as a workers' comp accident. It may have happened at work, but the work did not trigger the cardiac arrest. Even if you have a very demanding career 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 likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are regarded to be personal in character and unassociated to your work duties. For that reason the fact that the event happened at the workplace is not sufficiently. Exceptions to these exemptions arise if: (a) you are involved in an unusual stress or exertion at the workplace, or (b) you are involved in an occupation where there is a presumption that such an event is work-related - for instance, a law enforcement officer or fireman.

"In the course and scope of employment" is in addition required for an accident to be protected under workers' comp. So as to be in the course of employment, you literally have to be at work. 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 unfortunate incidents are not going to be regarded as job related injuries. There are exceptions. To remain in the range of employment, you need to be conducting something related to work or at least engaged in some sort of reasonable task the Company could have anticipated. If your employment is to perform desk work in an office space but you injure yourself when you and your friend choose to have a run 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 unreasonably drifted from your job duties to the point that what you're doing during the time of trauma is no more sufficiently linked to work to get considered work-related.

So let's say 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 will have to miss a certain amount of workdays and the disability has to last a specific period of time. If you miss barely a week from your job, you're not going to collect lost earnings. In addition if you have a trauma that heals in just three weeks, you're not qualified to temporary benefits. If you do sustain an injury that places you out of job for a lengthy period of time, then you will obtain compensation. However, this remuneration is not your full paycheck. Instead you collect about two-thirds of what you were making at the time of the accident. If the medical professional 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 states you can work with restrictions AND the Business is not able to accommodate those restrictions, you may obtain 64% of your wages. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain no compensation. So bottom line is that if you are missing your job as a result of a work associated accident, you will lose earnings. The lengthier your disability, the more wages you can forfeit. Unless you settle your case at some point, those lost paychecks are gone for good and will not be recovered.

Thus let's say 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 get? To be entitled to lost wages, you will have to miss out a particular amount of workdays and the incapacity has to last a particular period of time. If you skip no more than 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 within just three full weeks, you're not entitled to short-term benefits. If you do suffer a trauma that manages to keep you out of job for a lengthy time, then you will receive compensation. On the other hand, this compensation is not your full earnings. Rather you collect about 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 receive 66.67% of what you were earning at the time of the injury. If the health care provider suggests you can work with restrictions AND the Business is not able to accommodate those limitations, you will receive 64% of your earnings. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you receive no compensation. So bottom line is that if you are missing work due to a work-related accident, you will lose wages. The greater your disability, the more paychecks you can lose. Unless you settle your case eventually, those lost wages are gone for good and will definitely not be recovered.

A further limitation on your chance to obtain lost wages is that those benefits are only given for a specific period of time. Once you have reached maximum medical improvement, which is the doctors way of suggesting you're good to go, you do not get any more temporary benefits. Despite the fact that you have not come back to work or your position is no more available, your temporary benefits end. If you get an impairment rating due to a permanent lesion, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They commonly just last a matter of a few work-weeks or months. Just very handful of injured employees, the most seriously hurt, have a chance of being given long term permanent benefits called permanent total disability.

If it relates to medical care, your rights or benefits also have big limitations. If you have an injury that calls for critical care, then you can get that care without first getting Workplace or workers' compensation service provider authorization. Right after that initial treatment, who you see for medical care is not your selection. Your Employer or often its work comp insurance service provider are going to notify you who you can treat with. If you don't prefer the health care provider they select, then you can receive a one time change but that's it. Furthermore, you don't get to select that next medical professional either. One more time the workers compensation insurance provider picks the health care provider. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor expense. Your health plan will not pay for 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 as soon as you reach maximum medical improvement. The insurance company is accountable for all other expenses of medical care including prescribed drugs and physical therapy. Still as you have the ability to probably see already, workers' compensation is not a fabulous system. It's also a complicated system.

If you find yourself in the workers comp system, you're better off obtaining guidance and perhaps legal representation sooner rather than later. Mistakes made in the workers' comp system could be difficult if not impossible to unwind. And even certain mistakes can guarantee the end of your case altogether. Therefore, if you have a workers' compensation injury, contact us promptly. The consultation is absolutely free, and you are under no obligation to retain 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 our clients!

We Only Get Paid Attorney Fees, If You Win

At Trial Pro, P.A., our collision lawyers work on a contingency fee basis. This means we cover the expenses of researching, constructing, negotiating and litigating your insurance claim. We do not charge you a thing unless our legal professionals recover compensation on your behalf. If we do not win your case, you will pay us absolutely nothing.

Our Port Canaveral injury legal professionals also provide no cost evaluations to study the aspects of your claim and establish if you have a case. Set Up a Free Evaluation

If you or someone you love has been hurt as a result of someone else's negligence or neglectfulness, you need a proven lawyer by your side who is knowledgeable with the statutes and regulations in FL.

Our Port Canaveral injury legal professionals are experts in accident litigation and have been recognized by our peers for our success. Some of our lawyers have been identified as Super Lawyers and prominent litigators for their victories on behalf of our clients.

We have recovered desirable verdicts and compensations that contributed in aiding our clients recoup from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve 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

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