Sebastian 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 Sebastian. 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, Naples, Sky Lake, South Apopka, Cape Canaveral, Bonita Beach 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 Law Firm near you? If you are injured or hurt, we recognize you may not have the ability to pay a visit to our offices. If you're unable to come to us, we can come to you!

Trial Pro, P.A. works with Floridians in a range of personal injury law matters. Our practice areas include all sorts of personal injuries; car collisions, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, 18-wheeler accidents, construction accidents and workplace accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to clients in areas like Grant, Wabasso, Melbourne Gardens, Brevard County, Sebastian, Wabasso and throughout Florida. Get in touch with our office for a free and confidential assessment of your case.

Worker's Comp in Sebastian, FL is a legally required system of benefits that are 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 can be entirely to blame or negligent in resulting in an injury, moreover this does not disqualify individuals from collecting benefits. On the other hand your supervisor or coworker can be negligent in leading to the unfortunate incident, and this specific does not qualify you to additional benefits. Worker's Comp is claimed to be simultaneously a shield and a sword as for providing for benefits. It is a "sword" because your Workplace can not defend against your claim by saying you were negligent in creating the unfortunate incident. It is a "shield" that provides protection to Companies from having to pay employees a lot of the damages that are available to non-employees who are injured as a result of the accident.

Need to file a Work Comp Claim? Talk with our Expert Sebastian Workers' Compensation Attorneys Call Trial Pro, P.A. Today for a FREE no obligation consultation - 800-874-2577

This situation exposes the "sword and shield" side of Worker's Comp. Let's claim that Evan is a very sloppy baker. He rarely cares about what he's working on. He's going out the back entrance at the workplace, hands packed with garbage, to throw in the dumpster. As he races down the well-lit staircases, he trips and falls down damaging his forearm. His manager goes to his aid, and observes that Evan as usual was transporting excessive amounts of garbage to be safe and his shoelaces were untied. You might think that Evan does not have a claim because his negligence resulted in the injury. However you would be wrong.

Sebastian, FL companies and home owners are lawfully liable for maintaining their properties and must always keep it in a within reason safe condition and caution occupants of any dangerous conditions of that they are aware or should be aware.

Now let's change the facts slightly. Evan rather than being careless is very conscientious. He actually ties his no slip shoes in double knots, never hurries down the staircases, and under no circumstances transports a lot more than he can. However his boss has been fairly slack recently. The lamp on the staircases blown out, and he realizes that one of the steps is fractured and is a tripping risk. Nonetheless he's too busy to deal with that problem now. Consequently, Evan trips on the busted dark staircase that his manager knew about, yet failed to even try to notify Evan about. If you expect that Evan is able to now file a claim against his manager or Employer for negligence as a result of his manager's reckless actions, you would also be mistaken. Careless Evan has the exact same legal rights as an injured employee as cautious Evan does. That may appear unfair, but that is a consequence of fault of negligence being a non-issue in workers comp.

So let's examine who is entitled to these particular benefits in The Sunshine State. To start with, you need to be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. Additionally, the company that you work for will need to be big enough to be required to carry workers' comp benefits. In the event that there aren't at minimum four staff members, then the Company isn't required to carry worker's compensation insurance coverage unless it is a building and construction employment Also, presently there are certain roles that aren't covered in The Sunshine State under workers' compensation. Some examples of occupations that aren't covered are most real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi cab drivers.

Therefore, let's state that you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you suffer injuries or have an accident at work? Like many legal inquiries, the answer is that it depends. To begin with, the calamity or injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially denotes that some aspect of the job triggered the accident. A good example of a fairly common injury instance at the workplace that is not usually a job related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack in the course of work hrs, this specific is not really going to count as a workers compensation injury. It may have taken place at work, but the job did not lead to the heart attack. Whether or not you have a very stressful career 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 heart attack, stroke, or other "internal failures " are considered to be personal in nature and not related to your job functions. Subsequently the fact that the misfortune developed on the job is not sufficient. Exceptions to these exemptions emerge if: (a) you are engaged in an unusual stress or effort at the workplace, or (b) you are involved in an occupation where there is a probability that such activity is work-related - such as a police officer or fire fighter.

"In the course and scope of employment" is required for an injury to be covered under workers' comp. In order to be in the course of employment, you actually have to be at work. If you have a motor vehicle accident either on your way to work or on your way home, the majority of the instances those accidents are not going to be regarded as job related injuries. There are exceptions. To remain in the range of employment, you need to be doing something related to work or at least engaged in some form of reasonable activity the Employer could have foreseen. If your position is to perform desk work in an 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 personal 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 at the moment of injury is no longer sufficiently connected to work to get regarded as work-related.

So let's claim that you've cleared the hurdles of being a worker that's injured 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 out a certain amount of workdays and the injury 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 entitled to short-term benefits. If you do suffer a trauma that keeps you out of job for an extended time, then you will earn compensation. That being said, this compensation is not your whole salary. Rather you obtain around two-thirds of what you were earning at the time of the injury. 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 medical professional suggests you can work with restrictions AND the Company is not able to accommodate those restrictions, you may obtain 64% of your pay. But if your Boss is able to accommodate those limitations 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 accident, you will lose earnings. The greater your injury, the more wages you can forfeit. Unless you settle your case eventually, those lost earnings 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 hurt in the course and scope of your job by an accident that arose out of work, what do you obtain? To be entitled to lost wages, you will have to miss a particular amount of workdays and the disability has to last a certain period of time. If you skip barely a few days from work, you're not going to get lost earnings. Additionally if you have a trauma that heals within three full weeks, you're not entitled to temporary benefits. If you do suffer an personal injury that places you out of job for an extended period of time, then you will get compensation. On the other hand, this compensation is not your whole salary. Rather you obtain around two-thirds of what you were making at the time of the accident. If the medical professional says no work at all, at that point you receive 66.67% of what you were making at the time of the injury. If the health care provider states you can work with limitations AND the Company is unable to accommodate those limitations, you may obtain 64% of your salary. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive no reimbursement. So bottom line is that if you are missing your job as a result of a work associated accident, you will lose earnings. The longer your disability, the more earnings you can lose. Unless you settle your case at some point, those lost paychecks are gone for good and will definitely not be recovered.

A further constraint on your ability to earn lost wages is that those benefits are just given for a specific period of time. Once you have reached maximum medical improvement, which is the doctors way of expressing you're as good as you're going to get, you will not get any more temporary benefits. Even if you have not come back to work or your job is no more available, your temporary benefits end. If you get an impairment rating caused by a permanent lesion, you will receive permanent impairment benefits, but 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 workers, the most severely injured, have a chance of getting long term permanent benefits called permanent total disability.

If it comes down to medical care, your rights or benefits also have major limitations. If you have injuries that entails emergency care, then you can get that care without first acquiring Employer or workers' comp insurance company authorization. After that very first treatment, who you see for health care is not your choosing. Your Employer or often its workers comp insurance service provider are going to inform you who exactly you can treat with. If you don't prefer the health professional they select, then you can get a one-time change but that's it. Also, you don't get to pick that next physician either. Again the workers compensation insurance provider picks the physician. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your health insurance won't pay for it.

One particular of the few positive aspects of the medical care is that you do not pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance provider is responsible for all other expenses of medical care including prescription medication and physical therapy. Still as you have the ability to probably see already, workers' comp is not an ideal program. It's also a complex system.

If you find yourself in the workers comp system, you're better off getting advice and possibly legal representation sooner rather than later. Errors made in the workers' comp system could be troublesome if not impossible to unwind. And a couple mistakes can guarantee the end of your case entirely. Therefore if you have a workers' compensation injury, get in touch with us right away. The consultation is free of cost, and you are under no commitment to hire us. In the case that you do hire us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for our clients!

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