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 Sanibel. 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, Avalon Park, Buenaventura Lakes, Hillsborough County, Clarcona, Indialantic and more!

Frequently Asked Questions About Workers Compensation in Sanibel, 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.

knowledgeable Sanibel Workers' Compensation Lawyers Who Know How to Succeed In Challenging Cases

Are you searching for a Work Compensation Lawyers near you? If you are injured, we understand you may not have the ability to visit our offices. Let us go to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury judicial matters. Our practice areas include all kinds of personal injuries; motor vehicle accidents, motorcycle accidents, wrongful death lawsuits, slip-and-fall accidents, truck collisions, construction injuries and work comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to people in cities such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Call our office for a free and confidential discussion of your case.

Work Comp in Sanibel is a legally required system of benefits that are 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 injury is a non-issue. You could be completely at fault or negligent in causing an injury, also this does not exclude individuals from receiving benefits. On the other hand your workplace or coworker could be negligent in triggering the accident, and this specific does not entitle you to more benefits. Worker's Comp is claimed to be equally a shield and a sword as far as providing for benefits. It is a "sword" in that your Workplace can't defend against your claim by saying you were negligent in creating the unfortunate incident. It is a "shield" that protects Companies from having to pay staff members a lot of the damages that are accessible to non-employees who are hurt due to the accident.

Need to file a Workers' Compensation Claim? Talk with our Expert Sanibel, Florida Workers' Compensation Lawyers To schedule your free initial consultation Call Trial Pro, P.A. today - 800-874-2577

This scenario portrays the "sword and shield" part of workers' compensation. Let us's mention Evan is an extremely reckless baker. He rarely keeps an eye on what he's working on. He's going out the side door at work, hands loaded with trash, to put in the dumpster. As he rushes down the resplendent staircases, he trips and falls down damaging his arm. His manager comes to his aid, and notices that Evan as usual was transporting excessive amounts of trash to be safe and his shoe laces were undone. You may perhaps believe that Evan may not have a claim due to the fact that his negligence caused the personal injury. Yet you'd be incorrect.

Sanibel, FL businesses and home owners are lawfully responsible for maintaining their properties and must maintain it in a fairly safe condition and warn occupants of any unsafe conditions of which they are aware or should be aware.

And now let's change the facts a little bit. Evan instead of being reckless is exceptionally diligent. He actually ties his no slip work shoes in double knots, under no circumstances rushes down the stairways, and under no circumstances brings a lot more than he can. However, his boss has been somewhat slack in recent times. The lighting on the staircases blown out, and he recognizes that one of the steps is fractured and is a tripping hazard. However he's too busy to handle that issue at the moment. As a result, Evan trips on the busted unlit staircase that his boss knew of, and yet didn't even bother to inform Evan about. If you feel that Evan can possibly now file a claim against his boss or Workplace for negligence as a result of his boss's negligent practices, you would most likely also be mistaken. Unmindful Evan has the very same legal rights as a hurt worker as meticulous Evan does. That may seem unreasonable, but that is a consequence of fault of negligence being a non-issue in workers comp.

So let's analyze who is eligible to these particular benefits in FL. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not qualified to workers comp benefits. Secondly, the organization that you work for needs to be big enough to be required to bear work comp benefits. Assuming that there aren't at the very least four employees, then the Employer isn't required to carry work comp coverage unless it is a building and construction employment Also, presently there are particular jobs that usually are not covered in Florida under work comp. Examples of occupations that aren't covered are many real estate agents, owner-operators of semis, most volunteers, and taxi drivers.

Just let's say you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at work? Just like many legal questions, 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 essentially means that some aspect of the work caused the accident. An example of a fairly usual injury instance at the workplace that is not typically a work-related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack during work hrs, this specific is not going to count as a worker comp accident. It may have occurred at work, but the job did not cause the cardiac arrest. Even if you have a very arduous job and you're supervisor has been harassing you non-stop and you feature a stroke due somewhat 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 considered to be personal in character and not related to your work duties. Therefore the fact that the event manifested at the workplace is not sufficient. Exceptions to these exemptions emerge if: (a) you are involved in an unusual strain or effort on the job, or (b) you are involved in an occupation where there is a probability that such an event is work-related - like a law enforcement officer or fire fighter.

"In the course and scope of employment" is in addition required for an injury to be covered under workers' comp. In order to be in the course of employment, you certainly have to be at work. If you have a auto traffic collision either on your way to work or on your way home, most instances those accidents are not going to be regarded as job related accidents. There are exceptions. To be in the range of employment, you must be engaging in a task related to work or even at the very least engaged in some type of reasonable task the Business could possibly have anticipated. If your employment is to do desk work in an office space but you hurt yourself when you and your pal decide to have a race down the stairway to see who's in the best condition that injury 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 at the moment of trauma is no more sufficiently connected to work to be regarded as work-related.

Therefore, 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 a certain amount of work and the disability has to last a particular period of time. If you miss out no more than a week or so from work, you're not going to be given lost earnings. At the same time if you have an injury that heals in just 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 prolonged period of time, then you will receive compensation. Nevertheless, this compensation is not your entire wage. Rather you obtain around two-thirds of what you were earning 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 injury. If the health professional claims you can work with limitations AND the Employer is unable to accommodate those restrictions, you will obtain 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 your job because of a work associated accident, you will lose earnings. The longer your disability, the more wages 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 hurt in the course and scope of your job by an injury that arose out of work, what do you get? To be entitled to lost wages, you have to miss a certain amount of work and the disability has to last a particular period of time. If you skip no more than a few days from work, you're not going to be given lost wages. In addition if you have a trauma that heals within three full weeks, you're not qualified to temporary benefits. If you do suffer a trauma that keeps you out of work for a lengthy time, then you will get compensation. Nevertheless, this compensation is not your full income. Instead you get about two-thirds of what you were making at the time of the personal injury. If the health care provider says no work at all, at that time you get 66.67% of what you were making at the time of the injury. If the health professional says you can work with restrictions AND the Business is unable to accommodate those limitations, you may obtain 64% of your income. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you obtain no reimbursement. So bottom line is that if you are missing your job as a result of a work-related injury, you will lose wages. The greater your disability, the more paychecks you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will definitely not be recovered.

A further constraint on your opportunity to receive lost wages is that those benefits are only given for a certain period of time. As soon as you have attained maximum medical improvement, which is the health professionals way of saying you're as good as you're going to get, you do not get anymore temporary benefits. Even when you have not gone back to work or your position is no more available, your temporary benefits end. If you receive 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 calendar months. Only very handful of injured employees, the most seriously hurt, have a likelihood of being given long-term permanent benefits called permanent total disability.

If it comes down to medical care, your rights or benefits also have major constraints. If you have an injury that requires urgent care, at that point you can get that care without first acquiring Company or workers' comp provider approval. Right after that initial treatment, who you see for health care is not your selection. Your Employer or often its work compensation insurance service provider will likely inform you exactly who you can treat with. If you don't prefer the medical professional they select, then you can get a one time change but that's it. Also, you don't have the ability to choose that next health professional either. One more time the work comp insurance provider picks the health professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your medical insurance will not cover it.

One of the few beneficial 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 provider is accountable for all other expenses of treatment including prescribed medication and physical therapy. Still as you can probably see by now, workers' compensation is not an excellent system. It's also a complicated system.

If you find yourself in the work comp system, you're better off getting advice and perhaps a lawyer sooner rather than later. Mistakes made in the workers' compensation system may be troublesome if not impossible to unwind. And some mistakes can signify the end of your case altogether. Therefore if you have a workers' comp injury, consult us as soon as possible. The advice is totally free, and you are under no commitment to retain us. In the event 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 our clients!

No Fee Unless We Win or Settle!

At Trial Pro, P.A., our collision lawyers work on a contingency fee basis. This means our firm covers the costs of reviewing, constructing, negotiating and litigating your lawsuit. We do not charge you anything unless we recover compensation on your behalf. If we do not win your lawsuit, you will pay us absolutely nothing.

Our Sanibel personal injury legal professionals also provide no cost consultations to review the specifics of your case and establish if you have a lawsuit. Arrange a Free Consultation

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

Our Sanibel injury legal professionals are skilled in personal injury litigation and have been acknowledged by our peers for our successes. Several of our lawyers have been identified as Super Lawyers and distinguished litigators for their achievements on behalf of our clients.

We have recovered desirable verdicts and settlements that contributed in aiding our clients to bounce back from their injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve for your 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