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 Sharpes. 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, Aloma, Bay Hill, Citrus Ridge, Buena Ventura Lakes, Fellsmere and more!

Frequently Asked Questions About Workers Compensation in Sharpes, 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 Sharpes Work Compensation Lawyers Who Know How to Win Tough Cases

Are you searching for a Workers' Compensation Law Firm near you? If you are injured or hurt, we understand you may not be capable to pay a visit to 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 sorts of injuries; car collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, truck collisions, construction accidents and workplace 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 Brevard County, Valkaria, Viera, Cape Canaveral, Wabasso, Gifford and across Florida. Contact our firm for a completely free and confidential assessment of how we can help.

Worker's Comp in FL is a legally required system of benefits that are accessible to most workers who are injured 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 totally to blame or negligent in resulting in an injury, and this does not exclude individuals from obtaining benefits. On the other hand your manager or colleague can possibly be negligent in triggering the accident, and this specific does not qualify you to more benefits. Workers' compensation is said to be both a shield and a sword as for providing for benefits. It is a "sword" because your Boss simply cannot defend against your claim by saying you were negligent in creating the accident. It is a "shield" that safeguards Companies from having to pay staff members many of the damages that are available to non-employees who are injured or hurt due to the accident.

Need to file a Work Comp Claim? Talk with our Expert Sharpes, FL Workers' Comp Lawyers Contact Trial Pro, P.A Law office without delay - 800-874-2577

This situation exposes the "sword and shield" aspect of workers' compensation. Let us's claim Evan is a very careless cook. He barely pays attention to what he's working on. He's heading out the back entrance at work, hands packed with garbage, to put in the dumpster. As he races down the well-lit stairs, he trips and collapses breaking his clavicle. His boss goes to his aid, and observes that Evan as usual was transporting way too much to be safe and his shoe laces were undone. You might probably believe that Evan may not have a claim considering that his recklessness resulted in the injury. Yet you'd be incorrect.

Sharpes, FL businesses and property owners are under legal standing responsible for taking care of their properties and must always keep it in a fairly safe and secure condition and advise occupants of any harmful conditions of that they are conscious or should be aware.

Now let's change the facts just a little. Evan instead of being careless is exceptionally conscientious. He always ties his no slip boots in repeated knots, by no means races down the stairways, and never holds a lot more than he should. However, his office manager has been relatively neglectful in recent times. The light bulb on the stairs burned out, and he knows that one of the steps is cracked and is a tripping hazard. Nevertheless he's too tied up to handle that issue right now. Consequently, Evan trips on the faulty dark stairway that his employer knew about, however didn't even try to alert Evan about. If you believe that Evan can now file a claim against his manager or Workplace for negligence as a result of his boss's reckless behaviors, you would likely also be wrong. Unmindful Evan has the same legal rights as an injured laborer as careful Evan does. That may seem 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 benefits in The Sunshine State. First of all, you must be an employee. Independent contractors (or 1099 staff members) are not entitled to workers comp benefits. Additionally, the company that you work with will have to be large enough to be required to hold workers' comp benefits. If there aren't at least four employees, then the Business isn't required to carry workers' comp insurance coverage except if it is a building and construction employment Also, there are several occupations that aren't covered in Florida under workers' compensation. Some examples of occupations that are not covered are nearly all real estate agents, owner-operators of rigs, the majority of volunteers, and taxi cab drivers.

Therefore, let's suppose you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer injuries or have an accident on the job? Just like many legal questions, the answer is that it depends. First, the calamity or trauma needs to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially means that some element of the job led to the accident. A good example of a fairly regular injury instance at the workplace that is not frequently a work-related accident 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 is not most likely to count as a worker comp injury. It may have happened at work, but the job did not lead to the heart attack. Whether or not you have a very stressful job and you're employer has been harassing you non-stop and you have a stroke due partially to the other psychological toll work takes on you, this is not likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are considered to be personal in nature and unassociated to your work duties. Because of this the simple fact that the calamity manifested at work is not sufficient. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or effort at the workplace, or (b) you are involved in an employment where there is a anticipation that such activity is work-related - for instance, a police officer or fireman.

"In the course and scope of employment" is required for an injury to be covered under workers comp. To be in the course of employment, you in essence have to be at work. If you have a auto wreck either on your way to work or on your way home, most instances those incidents are not going to be considered work-related accidents. There are exceptions. To be in the range of employment, you need to be conducting a task related to work or at the very least engaged in some type of reasonable task the Employer could possibly have anticipated. If your job is to do paperwork in a business office but you injure yourself when you and your buddy choose to have a race down the staircase to see who's in optimum shape that injury is definitely not going to be considered work-related. You have unreasonably deviated from your job duties to the point that what you're doing at the moment of injury is no more sufficiently connected to work to get considered work-related.

So let's claim that 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 obtain? To be entitled to lost wages, you must miss out a certain amount of work and the disability has to last a particular period of time. If you miss no more than a week or so from your job, you're not going to be given lost wages. In addition if you have an injury that heals in less than three weeks, you're not entitled to temporary benefits. If you do sustain a trauma that keeps you out of job for a lengthy time, then you will obtain compensation. Nonetheless, this compensation is not your entire earnings. Instead you collect roughly two-thirds of what you were making at the time of the accident. If the physician says no work at all, at that point you get 66.67% of what you were making at the time of the accident. If the medical professional states you can work with limitations AND the Business is unable to accommodate those limitations, you may get 64% of your income. 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 associated injury, you will lose wages. The lengthier your impairment, the more wages you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will not be recovered.

Therefore, let's claim that you've cleared the hurdles of being an employee that's injured or 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 must miss a certain amount of work and the injury 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 receive lost earnings. At the same time if you have a trauma that heals within three full weeks, you're not entitled to temporary benefits. If you do suffer an injury that places you out of job for an extended time, then you will earn compensation. However, this remuneration is not your entire salary. Instead you receive about two-thirds of what you were earning at the time of the personal injury. If the physician says no work at all, then you get 66.67% of what you were earning at the time of the accident. If the physician claims you can work with restrictions AND the Business is not able to accommodate those limitations, you will receive 64% of your salary. But if your Boss 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 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 time, those lost paychecks are gone for good and will certainly not be recovered.

A further constraint on your opportunity to earn lost wages is that those benefits are just given for a certain period of time. Once you have achieved maximum medical improvement, which is the doctors way of stating you're on the right track now, you do not get any more temporary benefits. Despite the fact that 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 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 weeks or calendar months. Just very few injured employees, the most seriously hurt, have a likelihood of getting 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 an injury that requires emergency care, at that point you can get that care without first obtaining Workplace or workers' comp insurance company approval. Just after that early treatment, who you see for medical treatment is not your selection. Your Employer or more often its workers compensation insurance carrier will inform you exactly who you can treat with. If you don't prefer the health care provider they select, then you can get a one-time change but that's it. Furthermore, you don't get to select that next health care provider either. Once again the workers comp 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 plan won't cover it.

One of the few positive aspects of the medical care is that you don't pay for it period, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance company is accountable for all other costs of medical care including prescribed medication and physical therapy. Still as you have the ability to probably see already, workers' compensation is not a tremendous system. It's also a complicated system.

If you find yourself in the work compensation system, you're better off getting guidance and perhaps a lawyer sooner rather than later. Mistakes made in the workers' compensation system can be troublesome if not impossible to unwind. And also a few mistakes can guarantee the end of your case entirely. Therefore, if you have a workers' compensation accident, speak with us right away. The advice is free of cost, and you are under no obligation to hire us. In case you do hire us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for you!

No Fee Unless Recovery

At Trial Pro, our personal injury attorneys operate on a contingency fee basis. That means our firm cover the expenses of investigating, constructing, negotiating and litigating your case. We do not charge you a thing unless our legal professionals recover compensation on your behalf. If we do not win your suit, you will owe us completely nothing.

Our Sharpes personal injury legal professionals also provide complimentary evaluations to discuss the particulars of your insurance claim and determine if you have a case. Schedule a Free Evaluation

If you or someone else you love has been hurt as a result of someone else's negligence or neglectfulness, you need a reliable attorney on your side who is knowledgeable with the policies and laws in FL.

Our Sharpes personal injury attorneys are well-versed in injury litigation and have been acknowledged by our peers for our achievements. Several of our lawyers have been named as Super Lawyers and prestigious litigators for their accomplishments in behalf of our clients.

We have recovered desirable verdicts and compensations that were instrumental in helping our clients recover from their personal injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you are entitled to for your traumas.

Acquiring Compensation for Your Workplace Injury in Brevard 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