After experiencing an accident in Fort Myers, 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 Fort Myers law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Fort Myers 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 Charlotte. 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, Palm Bay, Cape Canaveral, Altamonte Springs, Southchase, Fellsmere and more!

Frequently Asked Questions About Workers Compensation in Port Charlotte, 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 Charlotte Workers Compensation Lawyers Who Know How to Win Tough Suits

Are you trying to find a Workers' Comp Lawyers near you? If you are injured, we understand you may not be able to drop by our offices. If you're not able to come to our office, our firm 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 accidents; motor vehicle accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall injuries, 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 people in cities such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all over Florida. Contact our firm for a complimentary and confidential assessment of your case.

Work Comp in FL is a legally required system of benefits that are accessible to most people 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 totally at fault or negligent in resulting in an accident, moreover this does not exclude people from receiving benefits. However your supervisor or coworker can possibly be negligent in causing the unfortunate incident, and this does not qualify you to even more benefits. Workers' compensation is claimed for being equally a shield and a sword as for providing for benefits. It is a "sword" because your employer simply cannot defend against your claim by saying you were negligent in triggering the accident. It is a "shield" that provides protection to Workplaces from having to pay workers a lot of the damages that are accessible to non-employees who are hurt cause by the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Port Charlotte Work Comp Attorneys Call Trial Pro, P.A. without delay for a free consultation - 800-874-2577

This instance explains the "sword and shield" factor of Work Comp. Let us's claim Evan is a remarkably reckless chef. He barely cares about what he's doing. He's going out the back door at work, hands full of garbage, to put in the dumpster. As he races down the illuminated stairways, he trips and collapses hurting his calcaneus. His manager goes to his aid, and witnesses that Evan as usual was transporting excessive amounts of garbage to be safe and his shoe laces were undone. You might assume that Evan does not have a claim considering that his neglect caused the accident. However you would be not right.

Port Charlotte, FL businesses and residential or commercial property owners are legally responsible for maintaining their premises and need to always keep it in a within reason safe and sound condition and inform occupants of any harmful conditions of which they are aware or should be aware.

Now let's change the facts a little bit. Evan rather than being sloppy is significantly meticulous. He actually ties his no slip boots in repeated knots, never ever hurries down the stairways, and certainly never holds a lot more than he should. On the other hand his office manager has been fairly slack lately. The light on the stairs blown out, and he realizes that one of the steps is cracked and is a tripping hazard. Nevertheless he's too tied up to take care of that issue right now. Consequently, Evan trips on the faulty dark staircase that his employer knew of, but didn't even bother to notify Evan about. If you think that Evan is able to now file suit his manager or Employer for negligence as a result of his boss's negligent actions, you would also be wrong. Careless Evan possesses the exact same rights as an injured worker as careful Evan does. That may seem unfair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

So let's examine who is entitled to these benefits in Florida. To start with, you must be an employee. Independent contractors (or 1099 staff members) are not qualified to work comp benefits. Additionally, the business that you work with must be large enough to be required to hold work comp benefits. If there are not at minimum four workers, then the Business isn't expected to hold work comp insurance except if it is a construction job As well, presently there are particular occupations that aren't covered in The Sunshine State under workers' compensation. Samples of jobs that are not covered are most real estate agents, owner-operators of semis, the majority of volunteers, and taxi drivers.

Therefore let's claim you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you suffer an injury or have an accident at the workplace? Like many legal inquiries, the answer is that it depends. First and foremost, the calamity or trauma has to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially denotes that some element of the job triggered the accident. An example of a relatively common 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 in the course of work hrs, this specific is not going to count as a worker comp injury. It may have taken place at work, but the work did not lead to the heart attack. Even if you have an extremely arduous job and you're boss has been harassing you relentlessly and you have a stroke due somewhat to the other psychological toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are regarded to be personal in character and unconnected to your work duties. For that reason the simple fact that the misfortune happened on the job is not good enough. Exceptions to these exemptions arise if: (a) you are engaged in an unusual stress or effort at the workplace, or (b) you are involved in a line of work where there is a presumption that such activity is work-related - for instance a law enforcement officer or fireman.

"In the course and scope of employment" is also required for an accident to be covered under Workers Compensation. To be in the course of employment, you genuinely have to be at your job. If you have a car or truck accident either on your way to work or on your way home, a large number of instances those accidents are not going to be regarded as work-related injuries. There are exceptions. To be in the scope of employment, you have to be doing a task related to work or at the very least engaged in some form of reasonable activity the Business could possibly have anticipated. If your occupation is to do desk work in a business office but you hurt yourself when you and your colleague choose to have a race down the staircase to see who's in the very best condition that accident is certainly 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 more sufficiently connected to work to be regarded as 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 injury that arose out of work, what do you get? To remain entitled to lost wages, you must miss out a certain amount of workdays and the disability has to last a specific period of time. If you miss out barely a week or so from work, you're not going to get lost earnings. Additionally if you have a trauma that heals within three weeks, you're not entitled to short-term benefits. If you do sustain a trauma that keeps you out of your job for a lengthy time, then you will receive compensation. Nevertheless, this compensation is not your whole paycheck. Rather you obtain around two-thirds of what you were earning at the time of the injury. If the physician 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 health professional suggests you can work with restrictions AND the Business is unable to accommodate those limitations, you will get 64% of your earnings. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing work due to a work associated accident, you will lose earnings. The lengthier your injury, the more paychecks you can lose. Unless you settle your case at some time, those lost wages are gone for good and will not be recovered.

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 accident that arose out of work, what do you get? To remain entitled to lost wages, you have to miss a certain amount of work and the injury has to last a particular period of time. If you miss out no more than a week from work, you're not going to receive lost earnings. Also if you have a trauma that heals within just three weeks, you're not qualified to short-term benefits. If you do sustain an accident that places you out of job for a lengthy time, then you will receive compensation. However, this compensation is not your whole income. 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 time you get 66.67% of what you were making at the time of the accident. If the medical professional claims you can work with limitations AND the Company is unable to accommodate those limitations, you will obtain 64% of your compensation. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing work as a result of a work-related injury, you will lose wages. The longer your injury, the more paychecks you can lose. Unless you settle your case at some point, those lost wages are gone for good and will not be recovered.

A further restriction on your ability to receive lost wages is that those benefits are just paid for a specific period of time. Once you have achieved maximum medical improvement, which is the doctors way of pointing out you're as good as you're going to get, you do not get any more temporary benefits. Even when you have not returned to work or your position 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 normally just last a matter of a few work-weeks or months. Only very few injured employees, the most badly hurt, 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 big constraints. If you have an injury that entails critical care, then you can get that care without first acquiring Employer or workers' comp provider approval. Shortly after that initial treatment, who you see for medical care is not your selection. Your Employer or more often its workers compensation insurance service provider will inform you exactly who you can treat with. If you don't like the doctor they choose, then you can receive a one-time change but that's it. Plus, you don't get to pick that next doctor either. Once again the work 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 health care provider out of pocket. Your health plan won't pay for it.

At least one of the few beneficial aspects of the health care is that you don't pay for it period, other than a $10 copayment once you reach maximum medical improvement. The insurance company is responsible for all other costs of medical care including prescribed medicine and physical therapy. Still as you have the ability to probably see now, workers' comp is not a wonderful system. It's also a complex system.

If you find yourself in the workers compensation system, you're better off getting advice and perhaps an attorney sooner rather than later. Mistakes made in the workers' compensation system might be troublesome if not impossible to unwind. And certain errors can mean the end of your case altogether. So if you have a workers' comp injury, speak with us right away. The consultation is absolutely free, and you are under no commitment to hire us. In the event that you do retain us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for our clients!

Only Pay When Your Lawyer Wins Your Case

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

Our Port Charlotte personal injury lawyers also offer free evaluations to examine the particulars of your case and determine if you have a lawsuit. Arrange a Free Examination

If you or someone else you love has been impaired because of someone else's negligence or neglectfulness, you need a reputable lawyer by your side who is knowledgeable with the policies and regulations in Florida.

Our Port Charlotte injury legal professionals are experts in accident lawsuits and have been recognized by our peers for our accomplishments. Several of our legal professionals have been classified as Super Lawyers and notable litigators for their achievements on behalf of our clients.

We have recovered desirable verdicts and settlements that contributed in helping our clients recover from their personal 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 Lee 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