After experiencing an accident in Tampa, 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 Tampa law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Tampa 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 Shore Acres. 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, Gandy, Tildenville, Collier County, Lake Monroe, Three Oaks and more!

Frequently Asked Questions About Workers Compensation in Shore Acres, 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 Shore Acres Workers' Comp Attorneys Who Know How to Succeed In Challenging Suits

Are you looking for a Workers' Compensation Attorneys near you? If you are injured or hurt, we recognize you may not have the ability to visit our offices. Let us come 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; auto collisions, motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, 18-wheeler collisions, construction injuries and workers comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to clients in cities like Fairview Shores, Oakland, Avalon Park, Manatee County, Mcqueens Village, Tampa Bay and all throughout Florida. Call our law firm for a completely free and confidential discussion of your case.

Workers' compensation in FL is a legally required system of benefits that are readily available to most workers who are 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 completely at fault or neglectful in causing an injury, also this does not disqualify individuals from getting benefits. On the other hand your workplace or coworker may possibly be negligent in leading to the accident, and this particular does not entitle you to additional benefits. Workers' compensation is said as being equally a shield and a sword as for providing for benefits. It is a "sword" in that your employer can't defend against your claim by saying you were negligent in causing the injury. It is a "shield" that guards Companies from having to pay laborers many of the damages that are readily available to non-employees who are injured as a result of the accident.

Need to file a Work Comp Claim? Talk with our Expert Shore Acres, Florida Workers' Compensation Attorneys Call to schedule your strategy assessment without delay - 800-874-2577

This scenario clarifies the "sword and shield" part of Worker's Comp. Let us's state Evan is a remarkably sloppy chef. He barely cares about what he's doing. He's heading out the back door at the workplace, hands packed with trash, to toss in the dumpster. As he rushes down the unobscured stairways, he slips and collapses injuring his tibia. His employer comes to his aid, and notices that Evan once and again was transporting way too much to be safe and his shoelaces were actually untied. You might probably believe that Evan may not have a claim due to the fact that his carelessness triggered the unfortunate incident. However you would be incorrect.

Shore Acres companies and residential or commercial property owners are under legal standing responsible for maintaining their properties and must keep it in a within reason safe and secure condition and warn occupants of any hazardous conditions of which they are conscious or need to be aware.

And now let's change the facts just a bit. Evan rather than being reckless is extremely conscientious. He consistently ties up his no slip shoes in double knots, certainly never rushes down the stairways, and certainly never carries more than he can. On the other hand his manager has been somewhat neglectful lately. The light on the stairways burned out, and he knows that one of the steps is fractured and is a tripping risk. Then again he's too tied up to address that problem at the moment. As a result, Evan trips on the broken dark stairway that his boss knew about, yet didn't even try to warn Evan about. If you assume that Evan can possibly now litigate his boss or Employer for negligence due to his boss's careless behaviors, you will also be mistaken. Unmindful Evan has the exact same legal rights as an injured worker as meticulous 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 eligible to these kinds of benefits in Florida. To start with, you must be an employee. Independent contractors (or 1099 workers) are not entitled to workers comp benefits. Secondly, the company that you work with will need to be big enough to be required to bear work comp benefits. In the case that there are not at the very least four staff members, then the Business isn't required to hold worker's compensation insurance coverage unless it is a building and construction job As well, there are particular jobs that aren't covered in Florida under workers' compensation. Samples of occupations that aren't covered are nearly all real estate agents, owner-operators of semis, almost all volunteers, and taxi cab drivers.

So let's state that 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? Like many legal questions, the answer is that it depends. Primarily, the calamity or trauma must "arise out of" and be "in the course and scope" of employment. Arising out of work basically denotes that some element of the work triggered the accident. A good example of a fairly frequent injury occurrence at work that is not typically a job related accident is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack during the course of work hrs, this specific is not really going to count as a worker comp injury. It may have taken place at work, but the work did not cause the cardiac arrest. Whether or not you have a very arduous job and you're supervisor has been harassing you non-stop and you feature a stroke due in part to the other emotional toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are regarded to be personal in character and not related to your work functions. Therefore the simple fact that the misfortune happened at work is not sufficient. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or effort at work, or (b) you are involved in an employment where there is a probability that such activity is work-related - for instance a law enforcement officer or fireman.

"In the course and scope of employment" is also required for an accident to be protected under Workers Compensation Insurance. To be in the course of employment, you literally have to be at work. If you have a car or truck traffic collision either on your way to work or on your way home, a large number of times those wrecks are not going to be considered job related accidents. There are exceptions. To remain in the range of employment, you need to be engaging in a task related to work or at least engaged in some sort of reasonable task the Company could have foreseen. If your employment is to do paperwork in an office but you injure or hurt yourself when you and your friend decide to have a race down the staircase to see who's in the very best shape that personal injury is not going to be considered work-related. You have foolishly drifted from your job duties to the point that what you're doing during the time of trauma is no more sufficiently linked to work to be regarded as work-related.

Therefore, let's say you've cleared the hurdles of being a worker that's injured or 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 must miss out a certain amount of work and the injury has to last a particular period of time. If you skip barely a week from your job, you're not going to get lost wages. Additionally if you have a trauma that heals within three full weeks, you're not qualified to short-term benefits. If you do suffer an injury that manages to keep you out of work for an extended period of time, then you will earn compensation. Having said that, this remuneration is not your whole earnings. Rather you collect roughly two-thirds of what you were earning at the time of the accident. If the medical professional says no work at all, at that point you get 66.67% of what you were earning at the time of the injury. If the doctor claims you can work with restrictions AND the Business is not able to accommodate those limitations, you may get 64% of your income. 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 due to a work-related accident, you will lose wages. The lengthier your disability, the more earnings you can lose. Unless you settle your case eventually, those lost paychecks are gone for good and will not be recovered.

Thus let's claim that you've cleared the hurdles of being a worker 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 out a certain amount of work and the incapacity has to last a specific period of time. If you miss out no more than a week from your job, you're not going to be given lost wages. Also if you have a trauma that heals within three weeks, you're not entitled to short-term benefits. If you do sustain a trauma that keeps you out of work for a lengthy time, then you will earn compensation. On the other hand, this compensation is not your entire paycheck. Instead you receive approx two-thirds of what you were making at the time of the accident. If the doctor says no work at all, then you get 66.67% of what you were earning at the time of the accident. If the medical professional suggests you can work with restrictions AND the Company is unable to accommodate those limitations, you will get 64% of your paycheck. 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 due to a work-related accident, you will lose earnings. The longer your disability, the more earnings you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.

A further limitation on your ability to obtain lost wages is that those benefits are only paid for a certain period of time. Once you have reached maximum medical improvement, which is the physicians way of pointing out you're good to go, you don't get any more temporary benefits. Even if you have not returned to work or your job is no longer available, your temporary benefits end. If you receive 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 typically just last a matter of a few work-weeks or calendar months. Just very few injured workers, the most severely injured, have a chance of obtaining long-term permanent benefits called permanent total disability.

Every time it pertains to medical care, your rights or benefits also have considerable limitations. If you have an injury that calls for emergency care, at that point you can get that care without first acquiring Employer or workers' compensation insurance company authorization. Right after that initial medical care, who you see for health care is not your choice. Your Employer or more often its work compensation insurance carrier are going to notify you who you can treat with. If you don't prefer the doctor they pick, then you may get a one time change but that's it. Plus, you don't have the ability to pick that next physician either. Again the workers compensation insurance provider picks the health care provider. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health care provider out of pocket. Your medical insurance will not cover it.

One of the few beneficial elements of the health care is that you don't pay for it period, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is accountable for all other costs of medical care including prescribed drugs and physical therapy. Still as you have the ability to probably see already, workers' comp is not a terrific program. It's also a complicated system.

If you find yourself in the work compensation system, you're better off getting advice and perhaps an attorney sooner rather than later. Mistakes made in the workers' compensation system can be hard if not impossible to unwind. Moreover a few mistakes can mean the end of your case entirely. Therefore, if you have a workers' compensation injury, speak to us immediately. The consultation is free, and you are under no obligation to hire us. In case you do retain us, you won't be out of pocket for any expenses or costs. Our firm only gets paid when we get benefits for you!

We Only Get Paid Attorney Fees, If You Win

At Trial Pro, our traffic collision lawyers operate on a contingency fee basis. That means we cover the costs of researching, building, negotiating and litigating your lawsuit. We do not bill you anything unless our lawyers recover compensation on your behalf. If we don't win your lawsuit, you will owe us nothing at all.

Our Shore Acres injury lawyers also offer no cost evaluations to evaluate the particulars of your insurance claim and establish if you have a lawsuit. Set Up a Free Examination

If you or someone else you love has been impaired due to someone else's negligence or neglectfulness, you need a good attorney by your side who is familiar with the policies and laws in Florida.

Our Shore Acres injury legal professionals are skilled in accident litigation and have been acknowledged by our peers for our achievements. A few of our lawyers have been classified as Super Lawyers and prestigious litigators for their victories on behalf of our clients.

We have recovered favorable verdicts and settlements that contributed in assisting our clients to bounce back from their personal 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 Hillsborough 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