Punta Gorda Workers Compensation Attorney

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 Punta Gorda. 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, Citrus Park, Arcadia, South Apopka, Clearwater, Murdock 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 searching for a Work Compensation Lawyers near you? If you are injured or hurt, we understand you may not have the ability to drop by our offices. Let us go to your place!

Trial Pro, P.A. represents Floridians in a range of personal injury law matters. Our practice areas include all forms of accidents; automobile collisions, motorcycle collisions, wrongful death claims, slip-and-fall accidents, semi-truck 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 people in areas like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Get in touch with our firm for an absolutely free and confidential discussion of your case.

Work Comp in Punta Gorda is a legally required system of benefits that are readily available 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 cause of an accident is a non-issue. You could be entirely responsible or negligent in resulting in an accident, moreover this does not disqualify people from getting benefits. On the other hand your supervisor or coworker might be negligent in leading to the accident, and this does not entitle you to extra benefits. Workers' compensation 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't defend against your claim by saying you were negligent in creating the injury. It is a "shield" that gives protection to Employers from having to pay workers many of the damages that are accessible to non-employees who are injured cause by the accident.

Need to file a Work Comp Claim? Talk with our Expert Punta Gorda, Florida Workers' Comp Lawyers Contact Trial Pro, P.A. right away for the powerful representation you and your family needs - 800-874-2577

This scenario explains the "sword and shield" angle of Work Comp. Let us's claim Evan is a pretty careless baker. He rarely keeps an eye on what he's working on. He's heading out the side door at work, hands full of garbage, to toss in the dumpster. As he rushes down the resplendent backstairs, he slips and collapses injuring his upper arm. His supervisor comes to his aid, and witnesses that Evan as is the custom was transporting way too much to be safe and his shoe laces were actually untied. You may perhaps assume that Evan doesn't have a claim considering that his carelessness resulted in the personal injury. However, you'd be wrong.

Punta Gorda companies and home owners are under legal standing responsible for looking after their facilities and must maintain it in a within reason free from danger condition and tell occupants of any dangerous conditions of which they are conscious or need to be aware.

And now let's change the facts slightly. Evan as opposed to being reckless is extremely diligent. He always ties up his no slip shoes in double knots, by no means hurries down the stairways, and under no circumstances brings more than he can. But his boss has been relatively slack in recent times. The illumination on the stairways blown out, and he knows that one of the steps is cracked and is a tripping hazard. However he's too busy to address that issue now. As a result, Evan trips on the faulty dark stair that his employer knew about, and yet didn't even try to inform Evan about. If you presume that Evan can possibly now file suit his manager or Employer for negligence as a result of his boss's careless practices, you will also be wrong. Reckless Evan possesses the same rights as an injured person as mindful Evan does. That may seem unreasonable, 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 types of benefits in The Sunshine State. To start with, you have to be an employee. Independent contractors (or 1099 professionals) are not entitled to workers' compensation benefits. Secondly, the business that you work with needs to be large enough to be required to bear worker's compensation benefits. On the assumption that there aren't at minimum four employees, then the Company isn't obligated to hold work comp insurance coverage except if it is a building and construction job As well, there are certain jobs that usually are not covered in The Sunshine State under workers comp. Some examples of jobs that aren't covered are the majority of real estate agents, owner-operators of trucks, almost all volunteers, and taxi cab drivers.

Therefore let's claim that you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident at the workplace? Just like many legal inquiries, the answer is that it depends. To begin with, the accident or personal injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence denotes that some element of the job triggered the accident. An example of a reasonably usual injury occurrence at the workplace that is not typically a job related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during the course 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 lead to the heart attack. Even if you have a very arduous job and you're boss has been harassing you non-stop and you feature a stroke due partly to the other emotional toll work takes on you, this is not going to be covered. The cardiac arrest, stroke, or other "internal failures " are contemplated to be personal in character and unrelated to your job responsibilities. Consequently the fact that the misfortune occurred at work is not sufficient. 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 probability that such an event is work-related - for instance, a law enforcement officer or fire fighter.

"In the course and scope of employment" is required for an accident to be covered under Workers Compensation Insurance. So as to be in the course of employment, you definitely have to be at your job. If you have a auto collision either on your way to work or on your way home, the majority of instances those wrecks are not going to be considered job related accidents. There are exceptions. To be in the scope of employment, you need to be performing something related to work in other words at the very least engaged in some form of reasonable activity the Employer could have foreseen. If your job is to do paperwork in a business office but you injure or hurt yourself when you and your pal decide to have a run down the staircase to see who's in the best shape that accident is definitely 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 longer sufficiently linked to work to get considered work-related.

Therefore, let's claim that 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 get? To remain entitled to lost wages, you have to miss a certain amount of workdays and the injury has to last a certain period of time. If you miss less than a week or so from your job, you're not going to be given lost earnings. At the same time if you have an injury that heals within just three weeks, you're not entitled to short-term benefits. If you do sustain an injury that places you out of job for a lengthy period of time, then you will get compensation. That being said, this compensation is not your whole earnings. Rather you collect approx two-thirds of what you were earning 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 says you can work with restrictions AND the Business is not able to accommodate those limitations, you may get 64% of your pay. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain 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 injury, the more wages you can forfeit. Unless you settle your case at some point, those lost earnings 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 accident that arose out of work, what do you get? To be entitled to lost wages, you have to miss out a particular amount of workdays and the incapacity has to last a specific period of time. If you skip no more than a full week from your job, you're not going to collect lost earnings. Also if you have a trauma that heals in just three weeks, you're not qualified to short-term benefits. If you do sustain an injury that keeps you out of your job for a lengthy period of time, then you will earn compensation. That being said, this compensation is not your full earnings. Rather you receive approx two-thirds of what you were making 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 injury. If the health professional says you can work with restrictions AND the Business is not able to accommodate those restrictions, you may receive 64% of your earnings. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing work due to a work associated accident, you will lose wages. The longer your impairment, 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 constraint on your opportunity to obtain lost wages is that those benefits are just paid for a specific period of time. Once you have reached maximum medical improvement, which is the physicians way of suggesting you're as good as you're going to get, you don't get any more temporary benefits. Even when you have not returned to work or your job 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, although those benefits are less than the temporary and they are very short lived. They generally just last a matter of a few weeks or months. Just very few injured employees, the most seriously injured, have a likelihood of obtaining long-term permanent benefits called permanent total disability.

If it relates to medical care, your rights or benefits also have big constraints. If you have injuries that entails emergency care, at that point you can get that care without first getting Workplace or workers' compensation provider approval. After that very first medical care, who you see for health care is not your decision. Your Employer or more frequently its workers comp insurance carrier are going to notify you exactly who you can treat with. If you don't like the physician they choose, then you might receive a one time change but that's it. On top of that, you don't get to pick that next medical professional either. Again the workers compensation insurance carrier picks the medical professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor out of pocket. Your health plan won't pay for it.

One of the few positive elements of the medical care is that you don't pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is accountable for all other expenses of medical care including prescription medicine and physical therapy. Still as you have the ability to probably see already, workers' compensation is not a marvelous system. It's also a complicated system.

If you find yourself in the work compensation system, you're better off obtaining guidance and possibly an attorney sooner rather than later. Errors made in the workers' comp system might be very difficult or even impossible to unwind. And even a couple mistakes can guarantee the end of your case altogether. Therefore, if you have a workers' comp injury, talk to us right away. The consultation is free of cost, and you are under no obligation to hire us. In case you do retain 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!

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