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 Port Tampa. 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, Longwood, Bay Hill, Titusville, Sebastian, Chokoloskee and more!

Frequently Asked Questions About Workers Compensation in Port Tampa, 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 Tampa Work Compensation Lawyers Who Know How to Win Tough Claims

Are you searching for a Workers' Compensation 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, we can come to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury law matters. Our practice areas include all sorts of accidents; motor vehicle collisions, motorcycle collisions, wrongful death cases, slip-and-fall injuries, truck accidents, construction injuries and workers comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to people in areas like Fairview Shores, Oakland, Avalon Park, Brandon, Port Tampa, Gandy and across Florida. Call our office for an absolutely free and confidential assessment of how we can help.

Work Comp in Florida is a legally required system of benefits that are accessible to most employees 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 completely to blame or neglectful in resulting in an injury, also this does not exclude you from collecting benefits. On the other hand your employer or colleague could be negligent in leading to the accident, and this particular does not qualify you to extra benefits. Work Comp is claimed to be equally 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 causing the injury. It is a "shield" that guards Employers from having to pay staff members a lot of the damages that are accessible to non-employees who are hurt cause by the accident.

Need to file a Work Compensation Claim? Talk with our Expert Port Tampa, FL Work Comp Attorneys Call to schedule your strategy consultation without delay - 800-874-2577

This instance clarifies the "sword and shield" side of workers' compensation. Let us's declare Evan is a considerably careless cook. He barely cares about what he's working on. He's going out the back door at the workplace, hands full of garbage, to put in the dumpster. As he runs down the well-lit stairs, he slips and collapses snapping his fibula. His boss goes to his aid, and observes that Evan as is the custom was transporting way too much to be safe and his shoelaces were actually undone. You might believe that Evan may not have a claim due to the fact that his recklessness triggered the accident. However you would be mistaken.

Port Tampa companies and home owners are under legal standing responsible for taking care of their premises and have to maintain it in a within reason free from danger condition and inform occupants of any dangerous conditions of that they are aware or need to be aware.

And now let's change the facts just a little. Evan instead of being sloppy is exceptionally mindful. He always ties up his no slip work shoes in repeated knots, by no means races down the stairways, and never carries more than he should. But his boss has been relatively slack recently. The light on the stairs burned out, and he realizes that one of the steps is damaged and is a tripping risk. Nonetheless he's too hectic to take care of that problem at the moment. Consequently, Evan trips on the broken dark stairway that his employer knew about, but failed to even try to caution Evan about. If you expect that Evan can now file a claim against his manager or Workplace for negligence due to his manager's careless actions, you would most likely also be mistaken. Careless Evan possesses the exact same rights as an injured worker as cautious Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore, let's analyze who is eligible to these kinds of benefits in The Sunshine State. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers' compensation benefits. Secondly, the organization that you work with has to be big enough to be required to carry workers' comp benefits. In the case that there aren't at minimum four staff members, then the Employer isn't required to offer work comp insurance except if it is a building and construction job As well, there are particular jobs that usually are not covered in FL under workers' compensation. Cases of occupations that aren't covered are most real estate agents, owner-operators of semis, the majority of volunteers, and taxi drivers.

Therefore let's assume you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you suffer an injury or have an accident on the job? Just like many legal questions, the answer is that it depends. Primarily, the accident or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some element of the work led to the accident. An example of a fairly usual injury occurrence at work that is not frequently a job related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest during work hours, this is not likely going to count as a workers compensation accident. It may have taken place at work, but the work did not lead to the cardiac arrest. Whether or not you have an extremely arduous job and you're manager has been harassing you non-stop and you have a stroke due partly to the other psychological 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 nature and irrelevant to your job responsibilities. Because of this the simple fact that the calamity developed at the workplace is not enough. Exceptions to these exclusions arise if: (a) you are engaged in an unusual stress or effort on the job, or (b) you are involved in an employment where there is a anticipation that such activity is work-related - for instance a law enforcement officer or fire fighter.

"In the course and scope of employment" is required for an injury to be protected under workers comp. To be in the course of employment, you in essence have to be at work. If you have a vehicle traffic collision either on your way to work or on your way home, the majority of instances those collisions are not going to be regarded as job related accidents. There are exceptions. To remain in the scope of employment, you have to be conducting something related to work in other words at the very least engaged in some form of reasonable activity the Employer could have anticipated. If your occupation is to do desk work in a business office but you injure or hurt yourself when you and your pal choose to have a run down the stairs to see who's in the best condition that accident is definitely not going to be considered work-related. You have unreasonably deviated from your job duties to the point that what you're doing at the time of trauma is no more sufficiently connected to work to get considered work-related.

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 be entitled to lost wages, you will have to miss a particular amount of work and the incapacity has to last a specific period of time. If you miss out no more than a week from your job, 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 sustain an accident that manages to keep you out of work for an extended period of time, then you will earn compensation. On the other hand, this compensation is not your full wage. Instead you obtain approximately two-thirds of what you were earning at the time of the accident. If the physician says no work at all, at that point you receive 66.67% of what you were earning at the time of the injury. If the physician states you can work with restrictions AND the Company is not able to accommodate those restrictions, you may obtain 64% of your income. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing work because of a work associated injury, you will lose earnings. The lengthier 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.

So 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 remain entitled to lost wages, you must miss a certain amount of work and the injury has to last a specific period of time. If you skip less than a week or so from your job, you're not going to get lost wages. Additionally if you have a trauma that heals in less than 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 period of time, then you will get compensation. That being said, this remuneration is not your full paycheck. Instead you obtain approximately two-thirds of what you were earning at the time of the injury. If the health professional 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 states you can work with restrictions AND the Company is unable to accommodate those limitations, you may receive 64% of your paycheck. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing your job as a result of a work associated injury, you will lose earnings. The lengthier your impairment, the more paychecks you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will not be recovered.

A further limitation on your chance to earn lost wages is that those benefits are only given for a particular period of time. As soon as you have obtained maximum medical improvement, which is the physicians way of saying you're good to go, you don't get any more temporary benefits. Even if you have not returned to work or your job is no more available, your temporary benefits end. If you receive 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 generally just last a matter of a few work-weeks or calendar months. Only very handful of injured workers, the most seriously hurt, have a likelihood of being given long-term permanent benefits called permanent total disability.

Every time it comes down to medical care, your rights or benefits also have big constraints. If you have injuries that requires urgent care, then you can get that care without first obtaining Employer or workers' comp carrier authorization. Soon after that early treatment, who you see for medical care is not your choosing. Your Employer or more frequently its work compensation insurance provider may inform you who exactly you can treat with. If you don't like the medical professional they choose, then you might get a one time change but that's it. Also, you don't have the ability to pick that next health care provider 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 health professional expense. Your health insurance will not cover it.

At least one of the few beneficial aspects of the medical care is that you don't pay for it at all, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance company is accountable for all other expenses of treatment including prescribed medication and physical therapy. Still as you can probably see already, 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 a lawyer sooner rather than later. Errors made in the workers' comp system might be troublesome or even impossible to unwind. And also a couple errors can mean the end of your case entirely. Therefore if you have a workers' compensation injury, speak with us promptly. The advice is free of cost, and you are under no obligation to retain 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 our clients!

No Fee Unless We Win or Settle!

At Trial Pro, our accident attorneys operate on a contingency fee basis. This means we cover the costs of reviewing, constructing, negotiating and litigating your claim. We do not charge you anything unless our legal professionals recover compensation on your behalf. If we don't win your insurance claim, you will owe us absolutely nothing.

Our Port Tampa personal injury attorneys also provide free assessments to discuss the specifics of your case and determine if you have a lawsuit. Set Up a Free Consultation

If you or somebody else you love has been impaired because of someone else's negligence or neglectfulness, you need a proven attorney on your side who is knowledgeable with the laws and laws in Florida.

Our Port Tampa personal injury legal professionals are well-versed in personal injury litigation and have been acknowledged by our peers for our achievements. A few of our lawyers have been named as Super Lawyers and prominent litigators for their achievements in behalf of our clients.

We have recovered desirable verdicts and settlements that were instrumental in enabling our clients to recoup from their personal injuries or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your traumas.

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