After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire optimal compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Orlando 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 Southchase. 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, Sanford, Alafaya, Tampa Bay, Buena Ventura Lakes, Aurora and more!
Frequently Asked Questions About Workers Compensation in Southchase, 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 Southchase Work Compensation Attorneys Who Know How to Succeed In Challenging Lawsuits
Are you searching for a Work Comp Law Firm near you? If you are injured, we understand you may not be capable to visit our offices. Let us go to your place!
Trial Pro, P.A. works with Floridians in a range of personal injury legal matters. Our practice areas include all sorts of personal injuries; motor vehicle collisions, motorcycle collisions, wrongful death cases, slip-and-fall injuries, 18-wheeler accidents, construction injuries and workers comp injuries. 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 such as Orlovista, Christmas, Ocoee, Boca Grande, Felda, Naples and all throughout Florida. Call our law firm for a free and confidential discussion of your case.
Work Comp in Florida is a legally required system of benefits that are available 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 at fault or negligent in triggering an injury, moreover this does not disqualify people from collecting benefits. Conversely your manager or colleague can possibly be negligent in leading to the accident, and this specific does not qualify you to more benefits. Worker's Comp is said as being equally a shield and a sword as far as providing for benefits. It is a "sword" because your employer can not defend against your claim by saying you were negligent in causing the accident. It is a "shield" that gives protection to Employers from having to pay employees a lot of the damages that are readily available to non-employees who are injured due to the unfortunate incident.
Need to file a Work Compensation Claim? Talk with our Expert Southchase, Florida Work Comp Lawyers Contact Trial Pro, P.A. As soon as possible to schedule an appointment - 800-874-2577
This scenario explains the "sword and shield" aspect of Work Comp. Let us's claim Evan is a remarkably sloppy cook. He hardly pays attention to what he's doing. He's going out the side door on the job, hands loaded with trash, to put in the dumpster. As he rushes down the unobscured stairways, he trips and falls down injuring his fibula. His boss goes to his aid, and witnesses that Evan as is usual was transporting excessive amounts of garbage to be safe and his shoe laces were simply untied. You might assume that Evan doesn't have a case considering his negligence caused the personal injury. Yet you would be incorrect.
Southchase companies and residential or commercial property owners are by law liable for taking care of their facilities and need to always keep it in a fairly safe and secure condition and warn occupants of any harmful conditions of which they are aware or need to be aware.
And now let's alter the facts just a bit. Evan as opposed to being reckless is tremendously conscientious. He actually ties his no slip boots in repeated knots, never races down the staircases, and never brings a lot more than he should. On the other hand his boss has been somewhat slack lately. The lamp on the staircases blown out, and he realizes that one of the steps is broken and is a tripping risk. Nonetheless he's too tied up to take care of that issue at this moment. Consequently, Evan trips on the busted dark stairway that his employer knew about, yet failed to even bother to notify Evan about. If you suppose that Evan can possibly now sue his manager or Workplace for negligence due to his manager's reckless behaviors, you would likely also be mistaken. Reckless Evan possesses the same rights as a seriously injured laborer as cautious Evan does. That may appear unjust, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
Therefore, let's analyze who is eligible to these types of benefits in Florida. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not qualified to workers' compensation benefits. As a rule, the organization that you work with will need to be large enough to be required to possess worker's compensation benefits. In the case that there aren't a minimum of four staff members, then the Business isn't expected to hold workers' comp coverage unless it is a building and construction employment As well, there are several jobs that aren't covered in Florida under workers' compensation. Examples of jobs that are not covered are almost all real estate agents, owner-operators of semis, almost all volunteers, and taxi drivers.
Therefore, let's say you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you sustain an injury or have an accident on the job? Just like many legal issues, the answer is that it depends. Before all else, the accident or injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work basically implies that some aspect of the work triggered the accident. An example of a relatively regular 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 suffer a cardiac arrest during the course of work hrs, this is not really going to count as a workers compensation injury. It may have occurred at work, but the job did not lead to the heart attack. Whether or not you have an extremely demanding career and you're supervisor has been harassing you relentlessly and you feature a stroke due partly to the other emotional toll work takes on you, this is not likely 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. Subsequently the simple fact that the event happened at work is not good enough. Exceptions to these exclusions arise if: (a) you are engaged in an unusual strain 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 example, a law enforcement officer or fire fighter.
"In the course and scope of employment" is in addition required for an accident to be covered under workers comp. In order to be in the course of employment, you definitely have to be at your job. If you have a car or truck traffic collision either on your way to work or on your way home, the majority of instances those unfortunate incidents are not going to be considered job related injuries. There are exceptions. To remain in the range of employment, you need to be engaging in something related to work or at least engaged in some form of reasonable activity the Business could have foreseen. If your occupation is to do desk work in an office space but you injure or hurt yourself when you and your friend decide to have a race down the stairway to see who's in the very best shape that accident is certainly 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 accident is no more sufficiently linked to work to be regarded as work-related.
So let's say you've cleared the hurdles of being a worker that's injured in the course and scope of your job by an injury that arose out of work, what do you receive? To be entitled to lost wages, you have to miss a particular 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 get lost wages. Also if you have a trauma that heals within three full weeks, you're not qualified to temporary benefits. If you do suffer an accident that places you out of work for a prolonged period of time, then you will get compensation. Unfortunately, this compensation is not your entire earnings. Rather you collect approx two-thirds of what you were earning at the time of the injury. If the doctor 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 Company is not able to accommodate those limitations, you will receive 64% of your wages. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing work due to a work associated injury, you will lose wages. The greater your injury, the more paychecks you can lose. Unless you settle your case eventually, those lost paychecks are gone for good and will not be recovered.
Therefore, 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 injury that arose out of work, what do you receive? To be entitled to lost wages, you have to miss out a certain amount of work and the injury has to last a certain period of time. If you miss no more than a week from your job, you're not going to collect lost earnings. Also if you have an injury that heals within three weeks, you're not entitled to short-term benefits. If you do sustain an accident that manages to keep you out of your job for an extended period of time, then you will obtain compensation. Nonetheless, this remuneration is not your full salary. Rather you receive 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 injury. If the health professional states you can work with restrictions AND the Employer is unable to accommodate those limitations, you will receive 64% of your compensation. 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 because of a work associated injury, you will lose wages. The lengthier your disability, 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.
A further limitation on your ability to receive lost wages is that those benefits are just paid for a certain period of time. Once you have reached maximum medical improvement, which is the doctors way of pointing out you're good to go, you do not get anymore temporary benefits. Despite the fact that you have not returned to work or your position is no longer available, your temporary benefits end. If you receive an impairment rating as a result of a permanent injury, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few work-weeks or months. Just very handful of injured employees, the most severely hurt, have a likelihood of being given long-term permanent benefits called permanent total disability.
When it pertains to medical care, your rights or benefits also have big constraints. If you have an injury that calls for critical care, at that point you can get that care without first getting Employer or workers' compensation provider approval. Right after that very first medical care, who you see for medical treatment is not your selection. Your Employer or often its work comp insurance provider are going to tell you who exactly you can treat with. If you don't like the doctor they choose, then you might get a one-time change but that's it. In addition, you don't have the ability to choose that next health professional either. Once again the workers compensation insurance provider picks the physician. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health care provider out of pocket. Your health plan will not cover it.
At least one of the few positive elements of the medical care is that you don't pay for it period, other than a $10 copayment once you reach maximum medical improvement. The insurance company is accountable for all other expenses of treatment including prescribed medication and physical therapy. Still as you have the ability to probably see now, workers' comp is not a marvelous program. It's also a complex system.
If you find yourself in the work comp system, you're better off obtaining advice and possibly an attorney sooner rather than later. Mistakes made in the workers' compensation system might be difficult or even impossible to unwind. And also a couple mistakes can mean the end of your case completely. Therefore, if you have a workers' compensation accident, speak with us immediately. The consultation is totally free, and you are under no commitment to retain us. On the assumption 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!
We Don't Get Paid Unless You Recover
At Trial Pro, P.A., our traffic collision lawyers operate on a contingency fee basis. That means our experts cover the costs of reviewing, constructing, negotiating and litigating your insurance claim. We do not bill you a thing unless we recover compensation on your behalf. If we do not win your insurance claim, you will pay us absolutely nothing.
Our Southchase injury attorneys also provide totally free consultations to evaluate the particulars of your claim and determine if you have a lawsuit. Schedule a Free Evaluation
If you or another person you love has been injured as a result of someone else's negligence or neglectfulness, you need a highly regarded attorney by your side who is knowledgeable with the laws and regulations in FL.
Our Southchase injury attorneys are experts in accident litigation and have been acknowledged by our peers for our victories. Several of our lawyers have been classified as Super Lawyers and prestigious litigators for their victories in behalf of our clients.
We have recovered desirable judgments and settlements that contributed in aiding our clients recoup from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve for your injuries.
Acquiring Compensation for Your Workplace Injury in Orange 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