After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Orlando 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 Sand Lake. 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, Saint Cloud, Clarcona, Port Canaveral, Buenaventura Lakes, Wabasso and more!
Frequently Asked Questions About Workers Compensation in Sand Lake, 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 Sand Lake Work Compensation Lawyers Who Know How to Win Challenging Lawsuits
Are you trying to find a Work Comp Lawyers near you? If you are injured or hurt, we understand you may not have the ability to pay a visit to our offices. If you're not able to come to our office, our experts can come to you!
Trial Pro, P.A. represents Floridians in a variety of personal injury judicial matters. Our practice areas include all kinds of accidents; automobile collisions, motorcycle accidents, wrongful death claims, slip-and-fall accidents, semi 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 areas such as Lockhart, Clarcona, Lake Kathryn, Alva, Fort Denaud, Nokomis and all over Florida. Get in touch with our firm for a free of cost and confidential discussion of how we can help.
Work Comp in Sand Lake, FL is a legally required system of benefits that are readily available to most people who are injured or hurt on the job. 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 causing an accident, and this does not disqualify you from obtaining benefits. However your manager or coworker may possibly be negligent in causing the unfortunate incident, and this does not qualify you to additional benefits. Workers' compensation is said for being both a shield and a sword as far as providing for benefits. It is a "sword" in that your employer can't 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 employees a lot of the damages that are available to non-employees who are injured cause by the unfortunate incident.
Need to file a Workers' Compensation Claim? Talk with our Expert Sand Lake, FL Workers' Compensation Lawyers Call our office As soon as possible to schedule an appointment - 800-874-2577
This situation portrays the "sword and shield" part of workers' compensation. Let's claim Evan is an extremely reckless cook. He rarely cares about what he's doing. He's heading out the back door at work, hands full of trash, to put in the dumpster. As he runs down the luminous staircases, he trips and falls down damaging his ankle. His boss comes to his aid, and observes that Evan as is usual was carrying excessive amounts of garbage to be safe and his shoe laces were actually untied. You might expect that Evan doesn't have a case considering his recklessness led to the unfortunate incident. But you'd be mistaken.
Sand Lake, FL businesses and property owners are legally liable for taking care of their properties and must always keep it in a reasonably free from danger condition and inform occupants of any unsafe conditions of that they are aware or need to be aware.
Now let's change the facts just a bit. Evan as opposed to being sloppy is remarkably mindful. He consistently ties up his no slip work shoes in repeated knots, certainly never races down the stairways, and never transports a lot more than he should. On the other hand his office manager has been somewhat neglectful in recent times. The light bulb on the stairs blown out, and he recognizes that one of the steps is fractured and is a tripping hazard. Then again he's too tied up to take care of that problem at the moment. Consequently, Evan trips on the broken down unlit staircase that his employer knew of, but failed to even bother to caution Evan about. If you presume that Evan can easily now file a claim against his boss or Employer for negligence as a result of his manager's reckless behaviors, you would most likely also be mistaken. Careless Evan has the very same legal rights as an injured laborer as meticulous Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in workers comp.
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 qualified to work comp benefits. Also, the company that you work with will have to be large enough to be required to possess worker's compensation benefits. Assuming that there aren't a minimum of four staff members, then the Business isn't required to carry work comp insurance coverage except if it is a building and construction job Also, presently there are specific occupations that usually are not covered in FL under workers' compensation. Cases of occupations that are not covered are many real estate agents, owner-operators of trucks, most volunteers, and taxi drivers.
Therefore let's state that you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you sustain injuries or have an accident at work? Just like many legal questions, the answer is that it depends. To begin with, the accident or injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence means that some element of the task led to the accident. An example of a reasonably regular injury occurrence at the workplace that is not frequently a work-related injury is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest during work hours, this particular is not going to count as a workers' comp accident. It may have taken place at work, but the work did not trigger the cardiac arrest. Whether or not you have a very arduous job and you're boss has been harassing you relentlessly and you feature a stroke due somewhat to the other emotional toll work takes on you, this is not likely going to be covered. The heart attack, stroke, or other "internal failures " are considered to be personal in character and unconnected to your work duties. Therefore the fact that the misfortune took place at the workplace is not good enough. Exceptions to these exclusions emerge if: (a) you are involved in an unusual strain or exertion on the job, or (b) you are involved in a line of work where there is a probability that such activity is work-related - for example, a law enforcement officer or fire fighter.
"In the course and scope of employment" is required for an injury to be covered under Workers Compensation. In order to be in the course of employment, you certainly have to be at work. If you have a motor vehicle traffic collision either on your way to work or on your way home, the majority of instances those traffic collisionsare not going to be considered job related injuries. There are exceptions. To remain in the span of employment, you need to be engaging in a task related to work in other words at the very least engaged in some sort of reasonable activity the Business could possibly have foreseen. If your job is to do desk work in a business office but you injure yourself when you and your colleague choose to have a run down the stairway to see who's in the very best condition that injury is 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 accident is no longer sufficiently connected to work to be considered work-related.
Therefore, 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 accident that arose out of work, what do you receive? To remain entitled to lost wages, you must miss a particular amount of workdays and the incapacity has to last a certain period of time. If you miss out 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 a trauma that heals in less than three full weeks, you're not qualified to short-term benefits. If you do sustain an accident that places you out of work for a lengthy period of time, then you will earn compensation. Unfortunately, this compensation is not your whole income. Rather you get as much as two-thirds of what you were making at the time of the accident. If the health care provider 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 care provider claims 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 limitations and you are making 80% of your pre-injury earnings, you receive no reimbursement. So bottom line is that if you are missing your job because of a work-related injury, you will lose wages. The lengthier your disability, the more earnings you can forfeit. Unless you settle your case at some point, those lost wages are gone for good and will certainly not be recovered.
Thus let's claim that you've cleared the hurdles of being an employee that's 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 will have to miss out a certain amount of work and the injury has to last a certain period of time. If you miss out no more than a week from your job, you're not going to be given 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 suffer a personal injury that places you out of job for a prolonged time, then you will receive compensation. Unfortunately, this remuneration is not your full salary. Rather you receive as much as two-thirds of what you were earning at the time of the personal injury. If the medical professional says no work at all, at that point you get 66.67% of what you were making at the time of the injury. If the medical professional says you can work with restrictions AND the Employer is not able to accommodate those limitations, you may get 64% of your paycheck. 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 as a result of a work associated injury, you will lose wages. The greater your injury, 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 just paid for a certain period of time. As soon as you have reached maximum medical improvement, which is the physicians way of stating you're good to go, you don't get anymore temporary benefits. Even if you have not come back to work or your job is no longer available, your temporary benefits end. If you get an impairment rating due to a permanent lesion, you will receive permanent impairment benefits, however, 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 few injured workers, the most badly hurt, have a chance of obtaining long term permanent benefits called permanent total disability.
When it relates to medical care, your rights or benefits also have big limitations. If you have an injury that requires emergency care, at that point you can get that care without first obtaining Company or workers' compensation service provider approval. Right after that very first treatment, who you see for health treatment is not your choice. Your Employer or often its work compensation insurance company will inform you who exactly you can treat with. If you don't like the health professional they pick, then you can get a one time change but that's it. Plus, you don't get to choose that next doctor either. Once again the workers comp insurance provider picks the medical professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health professional out of pocket. Your health insurance won't cover it.
At least one of the few beneficial aspects of the medical care is that you don't pay for it period, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is accountable for all other costs of medical care including prescription medication and physical therapy. Still as you have the ability to probably see now, workers' comp is not an excellent system. It's also a complicated system.
If you find yourself in the workers comp system, you're better off getting advice and perhaps an attorney sooner rather than later. Mistakes made in the workers' compensation system could be very difficult if not impossible to unwind. And some errors can signify the end of your case altogether. So if you have a workers' comp accident, contact us promptly. The advice is free of charge, and you are under no obligation to hire us. In the case that you do retain us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for our clients!
We Do Not Make money Unless You Do
At Trial Pro, our personal injury attorneys work on a contingency fee basis. This means our experts cover the costs of reviewing, building, negotiating and litigating your case. We do not bill you a single thing unless we recover compensation on your behalf. If we don't win your case, you will owe us nothing at all.
Our Sand Lake personal injury legal professionals also offer free assessments to study the specifics of your claim and determine if you have a case. Schedule a Free Evaluation
If you or another person you love has been hurt because of someone else's negligence or carelessness, you need a trusted attorney by your side who is familiar with the laws and regulations in The Sunshine State.
Our Sand Lake injury attorneys are experts in personal injury litigation and have been recognized by our peers for our accomplishments. A few of our attorneys have been mentioned as Super Lawyers and prestigious litigators for their victories in behalf of our clients.
We have recovered favorable judgments and settlements that contributed in helping our clients 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 Orange 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
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