After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire maximum 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 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 Taft. 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, Goldenrod, Alafaya, Meadow Woods, Oldsmar, Windermere and more!
Frequently Asked Questions About Workers Compensation in Taft, 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 Taft Workers' Compensation Attorneys Who Know How to Win Tough Claims
Are you looking for a Work Comp Lawyers near you? If you are injured, we recognize you may not have the ability to visit our offices. Let us come to your place!
Trial Pro, P.A. represents Floridians in a variety of personal injury judicial matters. Our practice areas include all kinds of injuries; car accidents, motorcycle collisions, wrongful death claims, slip-and-fall accidents, semi accidents, construction injuries and workplace accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to clients in areas such as Winter Park, Kenansville, Lake Mary, Naples, Matlacha, Three Oaks and across Florida. Get in touch with our firm for a completely free and confidential assessment of your case.
Work Comp in Florida is a legally required system of benefits that are available to most people who are hurt on the job. It is a no-fault system, meaning that for the most part negligence in the root cause of an injury is a non-issue. You could be entirely responsible or neglectful in leading to an injury, also this does not exclude individuals from getting benefits. Conversely your manager or coworker could be negligent in triggering the injury, and this does not qualify you to extra benefits. Workers' compensation is said to be equally a shield and a sword as for providing for benefits. It is a "sword" in that your Workplace simply cannot defend against your claim by saying you were negligent in causing the accident. It is a "shield" that gives protection to Workplaces from having to pay employees many of the damages that are readily available to non-employees who are injured due to the unfortunate incident.
Need to file a Workers' Comp Claim? Talk with our Expert Taft, Florida Workers' Comp Attorneys Call for your free consultation as soon as possible - 800-874-2577
This situation exposes the "sword and shield" angle of Worker's Comp. Let us's state Evan is an extremely sloppy cook. He hardly keeps an eye on what he's doing. He's going out the back door at work, hands packed with garbage, to toss in the dumpster. As he rushes down the unobscured stairs, he trips and collapses fracturing his upper arm. His employer comes to his aid, and observes that Evan as usual was carrying way too much to be safe and his shoe laces were simply untied. You might expect that Evan does not have a case simply because his neglect triggered the accident. However, you would be not right.
Taft businesses and home owners are legally liable for maintaining their facilities and must always keep it in a reasonably risk-free condition and tell occupants of any dangerous conditions of that they are conscious or should be aware.
And now let's change the facts slightly. Evan rather than being careless is very careful. He actually ties up his no slip shoes in double knots, by no means hurries down the stairs, and never ever carries more than he should. But his supervisor has been fairly neglectful recently. The light source on the staircases burned out, and he realizes that one of the steps is fractured and is a tripping risk. Then again he's too busy to handle that issue right now. As a result, Evan trips on the damaged unlit staircase that his boss knew about, yet failed to even bother to tell Evan about. If you suppose that Evan is able to now litigate his manager or Workplace for negligence due to his boss's careless behaviors, you will also be wrong. Reckless Evan has the very same legal rights as a hurt 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.
Therefore, let's examine who is entitled to these types of benefits in Florida. First of all, you must be an employee. Independent contractors (or 1099 workers) are not entitled to workers' compensation benefits. Secondly, the company that you work with has to be large enough to be required to carry worker's compensation benefits. In the event that there are not at least four staff members, then the Employer isn't expected to carry worker's compensation insurance unless it is a building and construction job As well, there are a number of jobs that usually are not covered in The Sunshine State under workers comp. Some examples of jobs that are not covered are the majority of real estate agents, owner-operators of rigs, the majority of volunteers, and taxi cab 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 suffer an injury or have an accident at work? Just like many legal questions, the answer is that it depends. First, the accident or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence denotes that some element of the job triggered the accident. A good example of a reasonably frequent injury occurrence at work that is not typically a job related injury is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest during the course of work hrs, this specific is not likely going to count as a workers compensation injury. It may have happened at work, but the work did not inflict the cardiac arrest. Whether or not you have a very demanding job and you're boss has been harassing you non-stop 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 heart attack, stroke, or other "internal failures " are considered to be personal in character and irrelevant to your work duties. For that reason the simple fact that the calamity occurred on the job is not sufficient. Exceptions to these exclusions emerge if: (a) you are involved in an unusual strain or effort at the workplace, or (b) you are involved in a line of work where there is a anticipation that such an event is work-related - which include a police officer or fireman.
"In the course and scope of employment" is also required for an injury to be protected under Workers Compensation Insurance. To be in the course of employment, you definitely have to be at work. If you have a automobile wreck either on your way to work or on your way home, the majority of times those unfortunate incidents are not going to be considered job related accidents. There are exceptions. To be in the range of employment, you must be working on a task related to work in other words at least engaged in some kind of reasonable activity the Employer could possibly have anticipated. If your position is to do desk work in an office but you injure yourself when you and your colleague decide to have a run down the stairway to see who's in the very best condition that personal injury is certainly not going to be considered work-related. You have unreasonably drifted from your job duties to the point that what you're doing at the moment of trauma is no longer sufficiently connected to work to be considered work-related.
Therefore, let's say you've cleared the hurdles of being an employee that's hurt in the course and scope of your job by an accident that arose out of work, what do you get? To remain entitled to lost wages, you have to miss a certain amount of work and the disability has to last a certain period of time. If you miss less than a week or so from work, you're not going to collect lost earnings. At the same time if you have an injury that heals within just three full weeks, you're not entitled to short-term benefits. If you do suffer an accident that keeps you out of job for a lengthy period of time, then you will get compensation. Unfortunately, this compensation is not your whole income. Instead 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 making at the time of the injury. If the doctor states you can work with limitations AND the Employer is unable to accommodate those restrictions, you may obtain 64% of your wages. But if your employer 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 work because of a work associated injury, you will lose earnings. The greater your injury, the more wages you can forfeit. Unless you settle your case eventually, those lost wages are gone for good and will certainly not be recovered.
Thus let's claim that you've cleared the hurdles of being a worker that's hurt 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 workdays and the injury has to last a specific period of time. If you skip less than a week or so from your job, you're not going to be given lost wages. At the same time if you have a trauma that heals in just three weeks, you're not qualified to short-term benefits. If you do sustain an injury that keeps you out of job for a lengthy time, then you will get compensation. Nonetheless, this compensation is not your full income. Rather you get roughly two-thirds of what you were earning at the time of the personal injury. If the doctor says no work at all, at that time you receive 66.67% of what you were making at the time of the accident. If the health professional states you can work with limitations AND the Business is not able to accommodate those limitations, you will get 64% of your paycheck. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing work due to a work-related injury, you will lose earnings. The lengthier your disability, the more paychecks you can forfeit. Unless you settle your case eventually, those lost wages are gone for good and will definitely not be recovered.
A further restriction on your chance to obtain lost wages is that those benefits are just given for a specific period of time. As soon as you have attained maximum medical improvement, which is the physicians way of expressing you're as good as you're going to get, you will not get any more 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 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 commonly just last a matter of a few weeks or months. Just very handful of injured employees, the most severely injured, have a likelihood of being given long term permanent benefits called permanent total disability.
Every time it comes to medical care, your rights or benefits also have substantial constraints. If you have an injury that entails urgent care, then you can get that care without first acquiring Company or workers' compensation carrier approval. Shortly after that early medical care, who you see for medical care is not your choosing. Your Employer or often its work compensation insurance company may notify you who you can treat with. If you don't like the health professional they select, then you can receive a one-time change but that's it. On top of that, you don't get to pick that next health care provider either. Again the work comp insurance provider picks the doctor. 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 plan won't cover it.
One particular of the few beneficial aspects of the medical care is that you do not pay for it period, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance provider is accountable for all other expenses of treatment including prescription medicine and physical therapy. Still as you have the ability to probably see now, workers' compensation is not a tremendous program. It's also a complex system.
If you find yourself in the work comp system, you're better off getting guidance and possibly an attorney sooner rather than later. Mistakes made in the workers' comp system can be challenging if not impossible to unwind. Moreover a few mistakes can mean the end of your case altogether. Therefore if you have a workers' compensation injury, consult us right away. The consultation is completely free, and you are under no commitment to retain us. On the assumption that you do retain us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for you!
Our "No Fee Unless We Win" Policy
At Trial Pro, our personal injury attorneys work on a contingency fee basis. That means our experts cover the costs of reviewing, constructing, negotiating and litigating your claim. We do not bill you a thing unless our attorneys recover compensation on your behalf. If we do not win your insurance claim, you will owe us nothing.
Our Taft personal injury lawyers also offer cost-free consultations to discuss the particulars of your claim and determine if you have a case. Arrange a Free Evaluation
If you or another person you love has been hurt as a result of someone else's negligence or neglectfulness, you need an excellent attorney by your side who is knowledgeable with the policies and regulations in The Sunshine State.
Our Taft injury attorneys are well-versed in accident litigation and have been recognized by our peers for our victories. A few of our legal professionals have been named as Super Lawyers and distinguished litigators for their accomplishments in behalf of our clients.
We have recovered favorable judgments and settlements that were instrumental in assisting 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 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
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