Trial Pro P.A. is proud to advocate for workers\' compensation victims all over the state of Florida, including our office in Tampa. 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, Holden Heights, Metrowest, Aloma, Cape Canaveral, Miromar Lakes and more!
Frequently Asked Questions About Workers Compensation in Tampa, 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 Tampa Work Compensation Attorneys Who Know How to Succeed In Challenging Lawsuits
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Trial Pro, P.A. represents Floridians in a variety of personal injury legal matters. Our practice areas include all types of personal injuries; motor vehicle accidents, motorcycle collisions, wrongful death cases, slip-and-fall injuries, truck accidents, construction accidents and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to people in cities such as Zellwood, Deer Park, Lanier, East Lake, Saint Petersburg, Shore Acres and throughout Florida. Call our law firm for a complimentary and confidential discussion of how we can help.
Workers' compensation in FL is a legally required system of benefits that are available to most people who are injured or hurt at work. 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 can be completely responsible or neglectful in resulting in an injury, also this does not disqualify individuals from getting benefits. On the other hand your supervisor or coworker can be negligent in causing the injury, and this does not qualify you to more benefits. Work Comp is claimed as being simultaneously a shield and a sword as far as 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 Workplaces from having to pay staff members a lot of the damages that are available to non-employees who are injured or hurt as a result of the accident.
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This instance explains the "sword and shield" aspect of Work Comp. Let us's say Evan is a very reckless chef. He rarely pays attention to what he's doing. He's going out the back entrance at work, hands full of trash, to toss in the dumpster. As he rushes down the luminous stairs, he trips and falls down injuring his wrist. His employer goes to his aid, and witnesses that Evan once and again was carrying excessive amounts of garbage to be safe and his shoe laces were undone. You might probably expect that Evan does not have a case considering his neglect resulted in the accident. However, you would be not right.
Tampa, Florida businesses and property owners are under legal standing responsible for looking after their properties and need to keep it in a reasonably safe condition and caution occupants of any dangerous conditions of which they are conscious or need to be aware.
And now let's change the facts just a little. Evan rather than being careless is remarkably vigilant. He consistently ties his no slip boots in repeated knots, certainly never hurries down the stairways, and under no circumstances brings more than he should. Nevertheless his supervisor has been fairly slack in recent times. The illumination on the stairways blown out, and he recognizes that one of the steps is cracked and is a tripping hazard. Nevertheless he's too busy to take care of that issue at the moment. As a result, Evan trips on the worn out dark stair that his boss knew of, yet failed to even bother to alert Evan about. If you think that Evan can now file suit his manager or Employer for negligence due to his boss's careless actions, you would also be off-target. Reckless Evan possesses the very same legal rights as a seriously injured laborer as careful Evan does. That may seem not fair, but that is a consequence of fault of negligence being a non-issue in workers comp.
Therefore let's analyze who is qualified to these types of benefits in Florida. To start with, you must be an employee. Independent contractors (or 1099 staff members) are not qualified to workers comp benefits. Also, the company that you work for has to be large enough to be required to hold work comp benefits. In the case that there aren't a minimum of four staff members, then the Business isn't obligated to carry work comp coverage unless it is a building and construction job Also, there are certain roles that usually are not protected in FL under workers comp. Some examples of jobs that are not covered are nearly all real estate agents, owner-operators of rigs, almost all volunteers, and taxi drivers.
Therefore, let's claim that 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? Like many legal inquiries, the answer is that it depends. Before all else, the accident or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work essentially implies that some aspect of the task caused the accident. An example of a fairly frequent injury instance at work that is not frequently a job related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack in the course of work hours, this is not going to count as a workers' comp accident. It may have taken place at work, but the job did not inflict the heart attack. Whether or not you have an extremely demanding job and you're manager has been harassing you non-stop and you have a stroke due partly to the other psychological toll work takes on you, this is not going to be covered. The heart attack, stroke, or other "internal failures " are considered to be personal in character and not related to your job duties. Therefore the fact that the misfortune occurred at the workplace is not good enough. Exceptions to these exclusions emerge if: (a) you are involved in an unusual strain or exertion at work, or (b) you are involved in an employment where there is a presumption that such an event is work-related - which include a law enforcement officer or fireman.
"In the course and scope of employment" is in addition 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 car collision either on your way to work or on your way home, a large number of instances those unfortunate incidents are not going to be considered work-related injuries. There are exceptions. To be in the scope of employment, you have to be engaging in a task related to work in other words at least engaged in some form of reasonable activity the Employer could have foreseen. If your job is to perform desk work in an office but you hurt yourself when you and your buddy choose to have a race down the staircase to see who's in the best condition that injury 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 at the time of trauma is no more sufficiently connected to work to be regarded as work-related.
So 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 injury that arose out of work, what do you get? To be entitled to lost wages, you will have to miss a particular amount of work and the incapacity has to last a certain period of time. If you miss less than a full week from your job, you're not going to receive lost wages. In addition 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 places you out of your job for a lengthy time, then you will receive compensation. However, this remuneration is not your full wage. Instead you receive around two-thirds of what you were making at the time of the injury. If the medical professional 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 suggests you can work with restrictions AND the Business is not able to accommodate those limitations, you may obtain 64% of your salary. 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 because of a work-related accident, you will lose earnings. The greater your impairment, the more paychecks you can lose. Unless you settle your case eventually, those lost earnings are gone for good and will definitely not be recovered.
Therefore, 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 get? To be entitled to lost wages, you have to miss out a particular amount of work and the incapacity has to last a particular period of time. If you miss less than a week from work, you're not going to get lost wages. Additionally if you have a trauma that heals in less than three full weeks, you're not entitled to short-term benefits. If you do sustain an accident that keeps you out of job for a prolonged period of time, then you will receive compensation. On the other hand, this compensation is not your entire earnings. Instead you collect approx two-thirds of what you were earning 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 injury. If the health professional suggests you can work with restrictions AND the Company is not able to accommodate those restrictions, you may 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 obtain no compensation. So bottom line is that if you are missing work due to a work associated injury, you will lose wages. The longer your injury, the more paychecks you can forfeit. Unless you settle your case at some time, those lost wages are gone for good and will certainly not be recovered.
A further restriction on your chance to receive lost wages is that those benefits are just given for a certain period of time. As soon as you have achieved maximum medical improvement, which is the health professionals way of stating you're as good as you're going to get, you do not get anymore temporary benefits. Despite the fact that you have not come back to work or your job is no longer available, your temporary benefits end. If you get an impairment rating as a result of a permanent injury, 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 weeks or months. Only very few injured workers, the most severely hurt, have a likelihood of being given long term permanent benefits called permanent total disability.
If it pertains to medical care, your rights or benefits also have major constraints. If you have injuries that calls for emergency care, at that point you can get that care without first acquiring Employer or workers' comp provider authorization. Shortly after that very first treatment, who you see for health treatment is not your choice. Your Employer or often its workers comp insurance carrier will tell you who you can treat with. If you don't prefer the doctor they choose, then you might obtain a one-time change but that's it. Furthermore, you don't get to choose that next physician either. Once again the work compensation insurance provider picks the doctor. You can get what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor expense. Your health insurance will not pay for it.
One particular of the few beneficial elements of the health care is that you do not pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance provider is accountable for all other costs of medical care including prescribed medication and physical therapy. Still as you have the ability to probably see by now, workers' compensation is not a great program. It's also a complex system.
If you find yourself in the workers compensation system, you're better off getting advice and perhaps a lawyer sooner rather than later. Mistakes made in the workers' comp system might be challenging if not impossible to unwind. And certain mistakes can mean the end of your case entirely. Therefore if you have a workers' compensation injury, consult us without delay. The consultation is free of charge, and you are under no commitment to hire us. If you do hire us, you won't be out of pocket for any fees or costs. Our firm only gets paid when we get benefits for our clients!
No Fees or Expenses Unless You Win
At Trial Pro, our accident lawyers work on a contingency fee basis. This means our experts cover the costs of researching, constructing, negotiating and litigating your insurance claim. We do not bill you a thing unless we recover compensation on your behalf. If we don't win your claim, you will owe us nothing.
Our Tampa personal injury legal professionals also provide absolutely free evaluations to assess the elements of your insurance claim and establish if you have a lawsuit. Set Up a Free Examination
If you or somebody else you love has been injured due to someone else's negligence or carelessness, you need a good attorney on your side who is knowledgeable with the statutes and laws in FL.
Our Tampa personal injury legal professionals are experts in tort lawsuits and have been acknowledged by our peers for our accomplishments. Several of our attorneys have been named as Super Lawyers and notable litigators for their accomplishments in behalf of our clients.
We have recovered desirable judgments and settlements that were instrumental in enabling our clients to bounce back from their injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve 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