After experiencing an accident in Tampa, 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 Tampa law firm that will fearlessly fight to acquire optimal 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 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 Tampa Bay. 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, Casselberry, Lake Mary, Hunters Creek, Pine Hills, Tavares and more!
Frequently Asked Questions About Workers Compensation in Tampa Bay, 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 Tampa Bay Workers' Compensation Lawyers Who Know How to Win Tough Suits
Are you trying to find a Workers' Compensation Law Firm near you? If you are injured, we recognize you may not be capable to pay a visit to our offices. If you're not able to come to our office, our firm can come to you!
Trial Pro, P.A. works with Floridians in a range of personal injury legal matters. Our practice areas include all types of injuries; automobile collisions, motorcycle accidents, wrongful death cases, slip-and-fall injuries, semi-truck accidents, construction accidents 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 Fairview Shores, Oakland, Avalon Park, West Tampa, Safety Harbor, Lake Magdalene and all over Florida. Call our law firm for a completely free and confidential assessment of your case.
Workers' compensation in Tampa Bay is a legally required system of benefits that are accessible to most workers who are injured or hurt 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. On the other hand your employer or colleague may possibly be negligent in leading to the injury, and this does not qualify you to extra benefits. Work Comp is said for being simultaneously a shield and a sword as for providing for benefits. It is a "sword" because your Workplace simply cannot defend against your claim by saying you were negligent in triggering the accident. It is a "shield" that protects Employers from having to pay staff members many of the damages that are available to non-employees who are injured or hurt cause by the unfortunate incident.
Need to file a Workers' Compensation Claim? Talk with our Expert Tampa Bay, Florida Work Compensation Attorneys Call us As soon as possible - 800-874-2577
This good example portrays the "sword and shield" side of workers' compensation. Let's mention Evan is a remarkably sloppy cook. He rarely focuses on what he's working on. He's heading out the back entrance at work, hands full of garbage, to put in the dumpster. As he races down the well-lit staircases, he slips and falls down cracking his patella. His manager goes to his aid, and notices that Evan as is usual was carrying way too much to be safe and his shoe laces were simply untied. You might assume that Evan does not have a case just because his negligence induced the personal injury. However you'd be incorrect.
Tampa Bay, Florida businesses and home owners are legally liable for looking after their properties and have to maintain it in a fairly risk-free condition and advise occupants of any harmful conditions of which they are conscious or need to be aware.
And now let's alter the facts just a bit. Evan rather than being reckless is quite vigilant. He consistently ties up his no slip work shoes in repeated knots, certainly never rushes down the stairs, and never ever holds more than he should. However, his manager has been somewhat neglectful in recent times. The light bulb on the staircases blown out, and he knows that one of the steps is damaged and is a tripping hazard. However he's too busy to address that issue right now. As a result, Evan trips on the broken unlit staircase that his employer knew about, however failed to even bother to inform Evan about. If you feel that Evan can easily now litigate his boss or Employer for negligence due to his boss's negligent practices, you would likely also be wrong. Negligent Evan has the exact same rights as a hurt employee as cautious Evan does. That may appear unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers' compensation.
Therefore, let's analyze who is qualified to these types of benefits in Florida. To start with, you have to be an employee. Independent contractors (or 1099 staff members) are not entitled to work comp benefits. As a rule, the business that you work with will have to be big enough to be required to hold worker's compensation benefits. In the event that there are not at the very least four staff members, then the Employer isn't expected to hold work comp coverage unless it is a building and construction job Also, there are specific jobs that usually are not covered in FL under work comp. Examples of occupations that are not covered are many real estate agents, owner-operators of eighteen-wheelers, almost all volunteers, and taxi drivers.
Therefore let's say you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident on the job? Like many legal issues, the answer is that it depends. First, the accident or injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially means that some aspect of the work caused the accident. A good example of a reasonably common injury instance at the workplace that is not usually a work-related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest during the course of work hrs, this particular is not really going to count as a worker comp injury. It may have occurred at work, but the job did not trigger the cardiac arrest. Whether or not you have an extremely arduous career and you're employer has been harassing you relentlessly and you have a stroke due in part to the other psychological toll work takes on you, this is not going to be covered. The cardiovascular disease, stroke, or other "internal failures " are contemplated to be personal in character and unassociated to your job responsibilities. For that reason the fact that the calamity developed at work is not sufficiently. Exceptions to these exemptions emerge if: (a) you are involved in an unusual strain or effort at the workplace, or (b) you are involved in an occupation where there is a presumption that such an event is work-related - such as a police officer or fireman.
"In the course and scope of employment" is required for an injury to be protected under workers' comp. To be in the course of employment, you literally have to be at your job. If you have a motor vehicle crash either on your way to work or on your way home, the majority of the instances those traffic collisionsare not going to be regarded as job related injuries. There are exceptions. To be in the scope of employment, you must be conducting something related to work or even at the very least engaged in some kind of reasonable task the Company could have anticipated. If your employment is to do paperwork in a business office but you injure or hurt yourself when you and your colleague choose to have a race down the stairs to see who's in the best shape that personal injury is certainly 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 time of injury is no longer sufficiently connected to work to get regarded as work-related.
Thus let's say 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 receive? To be entitled to lost wages, you will have to miss a certain amount of workdays and the injury has to last a certain period of time. If you skip less than a week from work, you're not going to get lost earnings. At the same time if you have a trauma that heals in less than three weeks, you're not entitled to short-term benefits. If you do sustain a trauma that manages to keep you out of your job for an extended period of time, then you will get compensation. Nevertheless, this remuneration is not your entire salary. Instead you collect approximately two-thirds of what you were making at the time of the personal injury. If the health care provider says no work at all, at that time you receive 66.67% of what you were making at the time of the injury. If the medical professional states you can work with limitations AND the Company is unable to accommodate those limitations, you may receive 64% of your compensation. 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 your job due to a work-related accident, you will lose earnings. The longer your disability, the more earnings you can lose. Unless you settle your case eventually, those lost wages are gone for good and will definitely not be recovered.
So 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 remain entitled to lost wages, you will have to miss out a particular amount of workdays and the injury has to last a particular period of time. If you miss out no more than a full week from work, you're not going to collect lost wages. Additionally if you have a trauma that heals in less than three weeks, you're not qualified to short-term benefits. If you do suffer a trauma that places you out of work for a prolonged period of time, then you will receive compensation. Nevertheless, this compensation is not your entire wage. Instead you obtain as much as two-thirds of what you were making at the time of the accident. If the health care provider 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 doctor suggests you can work with restrictions AND the Company is not able to accommodate those restrictions, you will receive 64% of your earnings. But if your Boss 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 your job due to a work associated accident, you will lose earnings. The lengthier your impairment, the more paychecks you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will certainly not be recovered.
A further restriction on your ability to get lost wages is that those benefits are only paid for a specific period of time. Once you have obtained maximum medical improvement, which is the doctors way of suggesting you're good to go, you do not get any more temporary benefits. Despite the fact that you have not returned to work or your job is no longer available, your temporary benefits end. If you receive an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They commonly just last a matter of a few weeks or calendar months. Just very handful of injured employees, the most badly injured, have a chance of receiving long term permanent benefits called permanent total disability.
When it comes down to medical care, your rights or benefits also have great limitations. If you have an injury that requires urgent care, then you can get that care without first obtaining Workplace or workers' compensation insurance company authorization. Following that early medical care, who you see for health treatment is not your decision. Your Employer or more often its work comp insurance service provider may tell you who exactly you can treat with. If you don't like the doctor they select, then you might get a one time change but that's it. On top of that, you don't get to choose that next health professional either. Once again the workers compensation insurance carrier picks the doctor. You can get what is called an IME, or "independent medical doctor", but you have to pay for that doctor expense. Your medical insurance will not pay for it.
One of the few positive aspects of the health care is that you don't pay for it at all, other than a $10 copayment once you reach maximum medical improvement. The insurance company is accountable for all other expenses of medical care including prescribed medication and physical therapy. Still as you have the ability to probably see by now, workers' comp is not a fabulous system. It's also a complex system.
If you find yourself in the workers compensation system, you're better off getting guidance and possibly a lawyer sooner rather than later. Mistakes made in the workers' compensation system could be hard if not impossible to unwind. Moreover certain mistakes can mean the end of your case altogether. So if you have a workers' compensation injury, get in touch with us immediately. The consultation is free of charge, and you are under no commitment to retain us. In the case that you do retain us, you won't be out of pocket for any fees or costs. We only gets paid when we get benefits for you!
Only Pay When Your Lawyer Wins Your Case
At Trial Pro, P.A., our personal injury lawyers work on a contingency fee basis. This means we cover the costs of investigating, building, negotiating and litigating your claim. We do not bill you a thing unless our attorneys recover compensation on your behalf. If we don't win your claim, you will owe us nothing at all.
If you or another person you love has been impaired due to someone else's negligence or neglectfulness, you need a proven lawyer by your side who is knowledgeable with the laws and regulations in FL.
Our Tampa Bay personal injury attorneys are experts in personal injury litigation and have been recognized by our peers for our successes. A few of our lawyers have been identified as Super Lawyers and distinguished litigators for their victories in behalf of our clients.
We have recovered desirable verdicts and compensations that were instrumental in helping our clients to bounce back 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 personal 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
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