Port Saint John Workers Compensation Attorney

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 Saint John. 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, Sky Lake, Horizons West, South Creek, Hiawassee, Groveland 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 looking for a Workers' Compensation Attorneys near you? If you are injured, we understand you may not be capable to pay a visit to our offices. If you're not able to come to our office, we can come to you!

Trial Pro, P.A. represents Floridians in a range of personal injury legal matters. Our practice areas include all sorts of personal injuries; automobile accidents, motorcycle accidents, wrongful death cases, slip-and-fall injuries, 18-wheeler collisions, construction accidents and workers compensation accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to people in cities like Wabasso, Pineda, Cocoa Beach, Indian River Shores, Cocoa, Merritt Island and throughout Florida. Get in touch with our firm for a completely free and confidential assessment of how we can help.

Worker's Comp in Port Saint John is a legally required system of benefits that are available to most employees who are 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 completely to blame or neglectful in causing an injury, also this does not exclude individuals from obtaining benefits. However your employer or coworker may possibly be negligent in leading to the accident, and this does not qualify you to extra benefits. Work Comp is said to be equally a shield and a sword as far as providing for benefits. It is a "sword" in that your Workplace simply cannot defend against your claim by saying you were negligent in creating the accident. It is a "shield" that gives protection to Employers from having to pay staff members many of the damages that are accessible to non-employees who are hurt after the accident.

Need to file a Workers' Comp Claim? Talk with our Expert Port Saint John, Florida Work Compensation Attorneys Call us Today for a FREE no obligation assessment - 800-874-2577

This scenario illustrates the "sword and shield" side of Worker's Comp. Let us's say Evan is a very reckless chef. He barely cares about what he's working on. He's going out the side door at work, hands packed with waste, to throw in the dumpster. As he races down the well-lighted backstairs, he trips and falls down cracking his clavicle. His supervisor comes to his aid, and witnesses that Evan as is usual was transporting way too much to be safe and his shoelaces were actually untied. You might actually expect that Evan does not have a case considering his negligence triggered the injury. But you'd be not right.

Port Saint John businesses and home owners are lawfully liable for maintaining their premises and must maintain it in a within reason free from danger condition and alert occupants of any harmful conditions of which they are conscious or need to be aware.

Now let's change the facts just a bit. Evan instead of being careless is significantly diligent. He always ties up his no slip work shoes in double knots, by no means rushes down the stairs, and never transports more than he can. However his supervisor has been fairly neglectful recently. The lamp on the stairways burned out, and he knows that one of the steps is fractured and is a tripping hazard. Nevertheless he's too tied up to take care of that issue at the moment. Consequently, Evan trips on the defective dark staircase that his manager knew of, yet failed to even bother to inform Evan about. If you feel that Evan is able to now file suit his manager or Workplace for negligence due to his boss's careless behaviors, you would also be mistaken. Careless Evan possesses the very same rights as a seriously injured employee as cautious Evan does. That may seem unfair, but that is a consequence of fault of negligence being a non-issue in workers comp.

Therefore let's analyze who is entitled to these types of benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers comp benefits. Additionally, the company that you work for must be large enough to be required to possess worker's compensation benefits. In the case that there are not a minimum of four workers, then the Employer isn't obligated to offer worker's compensation insurance unless it is a construction job As well, there are particular jobs that usually are not covered in Florida under workers comp. Good examples of occupations that aren't covered are most real estate agents, owner-operators of trucks, the majority of volunteers, and taxi drivers.

So let's suppose you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you sustain an injury or have an accident at work? Just like many legal inquiries, the answer is that it depends. Primarily, the calamity or personal injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence means that some aspect of the work triggered the accident. A good example of a fairly common injury instance at the workplace that is not commonly a job related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest during work hrs, this particular is not most likely to count as a workers compensation injury. It may have occurred at work, but the job did not inflict the cardiac arrest. Even if you have a very demanding career and you're manager has been harassing you relentlessly and you feature a stroke due in part 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 considered to be personal in nature and unconnected to your job responsibilities. Therefore the simple fact that the incident developed at work is not sufficiently. Exceptions to these exemptions arise if: (a) you are involved in an unusual strain or exertion on the job, or (b) you are involved in an occupation where there is a probability that such activity is work-related - like a law enforcement officer or fireman.

"In the course and scope of employment" is also required for an injury to be covered under workers' comp. In order to be in the course of employment, you literally have to be at work. If you have a car traffic collision either on your way to work or on your way home, a lot of times those collisions are not going to be considered work-related accidents. There are exceptions. To be in the range of employment, you must be conducting something related to work or even at the very least engaged in some type of reasonable task the Business could possibly have foreseen. If your employment is to do desk work in an office space but you injure or hurt yourself when you and your pal decide to have a race down the stairs to see who's in the very best condition that injury is not going to be considered work-related. You have foolishly deviated from your job duties to the point that what you're doing during the time of trauma is no longer sufficiently linked to work to be regarded as work-related.

So 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 obtain? To be entitled to lost wages, you have to miss out a particular amount of work and the injury has to last a particular period of time. If you miss out less than a week or so from your job, you're not going to collect lost earnings. In addition if you have a trauma that heals within just three full weeks, you're not entitled to temporary benefits. If you do suffer a personal injury that places you out of your job for an extended time, then you will earn compensation. Unfortunately, this compensation is not your entire wage. Instead you receive about 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 says you can work with restrictions AND the Employer is not able to accommodate those limitations, you may receive 64% of your paycheck. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you get no compensation. So bottom line is that if you are missing your job due to a work associated accident, you will lose wages. The longer your disability, the more paychecks you can forfeit. Unless you settle your case at some point, those lost paychecks are gone for good and will definitely not be recovered.

Thus let's claim that you've cleared the hurdles of being an employee that's injured in the course and scope of your job by an accident that arose out of work, what do you get? To be entitled to lost wages, you will have to miss out a certain amount of work and the injury has to last a particular period of time. If you miss out barely a few days from work, you're not going to get lost wages. At the same time if you have an injury that heals in less than three full weeks, you're not entitled to short-term benefits. If you do suffer a trauma that manages to keep you out of work for a lengthy time, then you will get compensation. However, this compensation is not your whole income. Rather you obtain roughly two-thirds of what you were earning at the time of the injury. If the doctor says no work at all, at that point you receive 66.67% of what you were earning at the time of the accident. If the doctor suggests you can work with restrictions AND the Employer is not able to accommodate those restrictions, you may get 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 obtain no compensation. So bottom line is that if you are missing work because of a work-related accident, you will lose wages. The lengthier your injury, the more earnings you can lose. Unless you settle your case eventually, those lost paychecks are gone for good and will certainly not be recovered.

A further limitation on your opportunity to obtain lost wages is that those benefits are only given for a particular period of time. Once you have achieved maximum medical improvement, which is the health professionals way of stating you're as good as you're going to get, you do not get anymore temporary benefits. Even when you have not come back to work or your position is no longer available, your temporary benefits end. If you get an impairment rating caused by a permanent injury, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They usually just last a matter of a few work-weeks or months. Just very handful of injured employees, the most severely injured, have a chance of acquiring long-term permanent benefits called permanent total disability.

When it comes to medical care, your rights or benefits also have big limitations. If you have injuries that requires critical care, then you can get that care without first getting Employer or workers' compensation carrier authorization. Shortly after that initial medical care, who you see for health treatment is not your selection. Your Employer or more often its workers comp insurance service provider may inform you exactly who you can treat with. If you don't prefer the physician they choose, then you may obtain a one-time change but that's it. In addition, you don't have the ability to pick that next doctor either. One more time the workers compensation insurance carrier 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 insurance will not pay for it.

One of the few beneficial aspects 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 provider is responsible for all other costs of medical care including prescribed drugs and physical therapy. Still as you have the ability to probably see now, workers' compensation is not an outstanding program. It's also a complicated system.

If you find yourself in the work comp system, you're better off getting advice and perhaps an attorney sooner rather than later. Errors made in the workers' comp system could be difficult or even impossible to unwind. And even some errors can mean the end of your case entirely. So if you have a workers' compensation injury, consult with us promptly. The advice is free of charge, and you are under no obligation to retain us. In the case that you do retain us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for you!

No Fee Unless We Win or Settle!