After experiencing an accident in Naples, the last thing you desire is to have an attorney at hand that doesn't know how to represent you adequately. You want a reputable Naples law firm that will fearlessly fight to acquire optimal compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Naples lawyers hold a strong reputation for winning cases, and we do everything in our hands 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 Sebring. 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, Rio Pinar, Avalon Park, Lockhart, Hunters Creek, Baldwin Park and more!
Frequently Asked Questions About Workers Compensation in Sebring, 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 Sebring Workers' Compensation Lawyers Who Know How to Succeed In Tough Cases
Are you searching for a Work Compensation Law Firm near you? If you are injured or hurt, we recognize you may not be able to drop by our offices. Let us go to you!
Trial Pro, P.A. represents Floridians in a variety of personal injury legal matters. Our practice areas include all kinds of accidents; motor vehicle accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall injuries, truck collisions, construction injuries 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 Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and across Florida. Call our law firm for a completely free and confidential assessment of your case.
Work Comp in FL is a legally required system of benefits that are readily available to most workers who are injured 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 to blame or neglectful in triggering an accident, also this does not exclude people from receiving benefits. Conversely your workplace or colleague can possibly be negligent in causing the injury, and this particular does not entitle you to extra benefits. Work Comp is claimed as being both 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 causing the unfortunate incident. It is a "shield" that shields Companies from having to pay staff members many of the damages that are available to non-employees who are injured or hurt following the unfortunate incident.
Need to file a Workers' Comp Claim? Talk with our Expert Sebring Work Comp Lawyers Call Trial Pro, P.A. for a complementary case evaluation right now - 800-874-2577
This scenario explains the "sword and shield" side of workers' compensation. Let's declare Evan is a very reckless baker. He hardly keeps an eye on what he's doing. He's heading out the side door at work, hands packed with trash, to throw in the dumpster. As he runs down the unobscured stairways, he slips and falls down hurting his hand. His supervisor comes to his aid, and witnesses that Evan as is usual was transporting way too much to be safe and his shoelaces were undone. You might expect that Evan may not have a case simply because his neglect resulted in the accident. However you'd be incorrect.
Sebring, FL businesses and residential or commercial property owners are by law liable for taking care of their facilities and must maintain it in a fairly free from danger condition and warn occupants of any hazardous 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 reckless is very diligent. He actually ties his no slip boots in double knots, by no means races down the stairways, and certainly never holds a lot more than he should. However his employer has been relatively neglectful lately. The illumination on the stairs blown out, and he knows that one of the steps is broken and is a tripping risk. However he's too tied up to handle that issue now. As a result, Evan trips on the busted dark staircase that his manager knew of, however didn't even bother to tell Evan about. If you guess that Evan can now litigate his boss or Employer for negligence due to his manager's careless behaviors, you will also be off-target. Unmindful Evan has the exact same rights as a hurt person as mindful Evan does. That may appear unjust, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
So let's examine who is qualified to these particular benefits in Florida. First of all, you need to be an employee. Independent contractors (or 1099 workers) are not entitled to workers comp benefits. Also, the business that you work with will need to be large enough to be required to carry worker's compensation benefits. Assuming that there are not at minimum four staff members, then the Company isn't obligated to offer worker's compensation insurance coverage except if it is a construction job As well, there are a number of jobs that usually are not covered in FL under workers comp. Samples of occupations that aren't covered are the majority of real estate agents, owner-operators of trucks, almost all volunteers, and taxi cab drivers.
So let's claim you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you sustain an injury or have an accident at the workplace? Just like many legal questions, the answer is that it depends. To begin with, the accident or personal injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some element of the work triggered the accident. A good example of a fairly common injury instance 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 sustain a heart attack during the course of work hours, this particular is not going to count as a worker comp accident. It may have occurred at work, but the work did not cause the heart attack. Whether or not you have a very demanding career and you're employer has been harassing you relentlessly and you have a stroke due in part 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 regarded to be personal in character and unconnected to your job responsibilities. Subsequently the fact that the calamity occurred at the workplace is not sufficient. Exceptions to these exclusions emerge if: (a) you are engaged in an unusual stress or effort at work, or (b) you are involved in an employment where there is a probability that such an event is work-related - for instance a law enforcement officer or fireman.
"In the course and scope of employment" is in addition required for an injury to be protected under workers' comp. To be in the course of employment, you definitely have to be at your job. If you have a automobile traffic collision either on your way to work or on your way home, the majority of times those collisions are not going to be considered work-related accidents. There are exceptions. To be in the range of employment, you must be conducting a task related to work in other words at least engaged in some form of reasonable task the Business could have anticipated. If your employment is to perform desk work in a business office but you injure yourself when you and your buddy choose to have a run down the stairs to see who's in the very best shape that accident 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 trauma is no more sufficiently connected to work to be considered work-related.
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 obtain? To remain entitled to lost wages, you must miss out a certain amount of work and the disability has to last a specific period of time. If you miss out no more than a full week from work, you're not going to receive lost earnings. In addition if you have an injury that heals within just three weeks, you're not qualified to temporary benefits. If you do sustain a trauma that manages to keep you out of your job for a prolonged time, then you will get compensation. Having said that, this compensation is not your whole income. Instead you get approx two-thirds of what you were making at the time of the personal injury. If the physician says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the health professional says you can work with limitations AND the Company is not able to accommodate those restrictions, you will obtain 64% of your paycheck. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you receive no compensation. So bottom line is that if you are missing your job due to a work-related injury, you will lose earnings. The greater your injury, the more earnings you can forfeit. Unless you settle your case at some point, those lost paychecks are gone for good and will not be recovered.
So 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 obtain? To be entitled to lost wages, you must miss a certain amount of workdays and the injury has to last a particular period of time. If you miss no more than a few days from work, you're not going to be given lost wages. At the same time if you have an injury that heals in less than three full weeks, you're not qualified to temporary benefits. If you do sustain an injury that keeps you out of your job for a prolonged time, then you will earn compensation. That being said, this compensation is not your whole salary. Rather you receive roughly two-thirds of what you were making at the time of the injury. If the physician says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the physician says you can work with limitations AND the Employer is not able to accommodate those restrictions, you will get 64% of your salary. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you obtain no reimbursement. So bottom line is that if you are missing your job due to a work associated accident, you will lose earnings. The greater your impairment, the more paychecks you can lose. Unless you settle your case at some point, those lost wages are gone for good and will certainly not be recovered.
A further constraint on your chance to get lost wages is that those benefits are only given for a particular period of time. Once you have reached maximum medical improvement, which is the doctors way of claiming you're as good as you're going to get, you don't get anymore temporary benefits. Even if you have not gone back to work or your job is no more available, your temporary benefits end. If you receive an impairment rating due to a permanent injury, 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 few injured workers, the most badly hurt, have a chance of receiving long-term permanent benefits called permanent total disability.
If it pertains to medical care, your rights or benefits also have significant constraints. If you have an injury that entails urgent care, at that point you can get that care without first getting Company or workers' comp provider authorization. After that very first medical care, who you see for medical treatment is not your selection. Your Employer or often its workers comp insurance carrier will inform you who you can treat with. If you don't prefer the medical professional they pick, then you may get a one time change but that's it. On top of that, you don't get to choose that next health professional either. One more time the workers compensation insurance carrier picks the physician. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health care provider expense. Your health insurance won't cover it.
One particular of the few beneficial aspects of the health care is that you do not pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance company is responsible for all other expenses of treatment including prescription medication and physical therapy. Still as you have the ability to probably see already, workers' comp is not an amazing program. It's also a complicated system.
If you find yourself in the workers comp system, you're better off obtaining guidance and perhaps an attorney sooner rather than later. Mistakes made in the workers' compensation system can be tough or even impossible to unwind. Plus a number of mistakes can guarantee the end of your case altogether. Therefore, if you have a workers' compensation injury, consult us promptly. The advice is totally free, and you are under no commitment to hire us. Assuming that 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 you!
We Don't Get Paid Until You Get Paid
At Trial Pro, our traffic collision attorneys work on a contingency fee basis. This means our firm covers the costs of researching, building, negotiating and litigating your lawsuit. We do not charge you a single thing unless we recover compensation on your behalf. If we don't win your case, you will owe us nothing.
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If you or somebody else you love has been injured due to someone else's negligence or neglectfulness, you need a trusted lawyer on your side who is familiar with the policies and laws in FL.
Our Sebring personal injury attorneys are well-versed in injury litigation and have been recognized by our peers for our achievements. A few of our legal professionals have been classified as Super Lawyers and prestigious litigators for their success on behalf of our clients.
We have recovered desirable judgments and settlements that were instrumental in assisting 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 Collier 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