The Villages Workers Compensation Attorney

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 The Villages. 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, Doctor Phillips, Rio Pinar, Aloma, Hillsborough County, Eustis and more!

• 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.

Are you looking for a Workers' Compensation Law Firm near you? If you are hurt, we recognize you may not be capable to drop by 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 kinds of personal injuries; motor vehicle collisions, motorcycle collisions, wrongful death claims, slip-and-fall accidents, semi collisions, construction injuries and work comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic advice and counsel to people in cities such as Harmony, Vista Lakes, Fruitland Park, Marco, Cape Coral South, Pelican Bay and throughout Florida. Call our firm for a free and confidential assessment of your case.

Workers' compensation in Florida is a legally required system of benefits that are available to most workers who are injured or hurt on the job. It is a no-fault system, meaning that for the most part negligence in the root cause of an accident is a non-issue. You can be entirely responsible or neglectful in resulting in an accident, and this does not disqualify people from receiving benefits. Conversely your manager or colleague can be negligent in leading to the injury, and this specific does not qualify you to even more benefits. Worker's Comp is claimed for being simultaneously a shield and a sword as far as providing for benefits. It is a "sword" in that your employer simply cannot defend against your claim by saying you were negligent in triggering the accident. It is a "shield" that guards Companies from having to pay employees many of the damages that are available to non-employees who are hurt due to the accident.

Need to file a Workers' Compensation Claim? Talk with our Expert The Villages Workers' Comp Lawyers Call our office Without delay to schedule your free case evaluation - 800-874-2577

This situation explains the "sword and shield" aspect of workers' compensation. Let us's state Evan is an extremely careless baker. He barely pays attention to what he's working on. He's going out the back door on the job, hands loaded with trash, to throw in the dumpster. As he races down the illuminated backstairs, he trips and collapses fracturing his clavicle. His employer goes to his aid, and observes that Evan as usual was transporting way too much to be safe and his shoe laces were actually untied. You might expect that Evan doesn't have a claim just because his carelessness caused the unfortunate incident. Yet you'd be wrong.

The Villages, Florida companies and property owners are legally accountable for maintaining their premises and have to keep it in a fairly safe and sound condition and caution occupants of any unsafe conditions of which they are conscious or need to be aware.

Now let's change the facts slightly. Evan instead of being reckless is significantly careful. He always ties his no slip work shoes in double knots, under no circumstances runs down the staircases, and by no means brings a lot more than he should. Nevertheless his supervisor has been fairly neglectful in recent times. The illumination on the stairs burned out, and he recognizes that one of the steps is broken and is a tripping risk. Nonetheless he's too tied up to address that issue right now. Consequently, Evan trips on the broken down unlit stair that his employer knew of, and yet failed to even try to inform Evan about. If you guess that Evan can now litigate his boss or Employer for negligence due to his manager's careless actions, you will also be off-target. Reckless Evan possesses the exact same legal rights as a hurt worker as cautious Evan does. That may appear not fair, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore let's analyze who is entitled to these types of benefits in FL. First of all, you need to be an employee. Independent contractors (or 1099 professionals) are not entitled to work comp benefits. Also, the organization that you work with needs to be large enough to be required to hold work comp benefits. If there aren't at minimum four staff members, then the Company isn't required to carry worker's compensation insurance except if it is a construction job As well, presently there are specific jobs that aren't protected in Florida under workers' compensation. Good examples of jobs that aren't covered are many real estate agents, owner-operators of semis, the majority of volunteers, and taxi drivers.

Therefore, let's state that you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you sustain injuries or have an accident on the job? Like many legal questions, the answer is that it depends. First off, the calamity or trauma has to "arise out of" and be "in the course and scope" of employment. Arising out of work generally means that some aspect of the job led to the accident. A good example of a reasonably frequent injury occurrence at work that is not usually a work-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 particular is not really going to count as a workers' comp accident. It may have happened at work, but the work did not trigger the cardiac arrest. Whether or not you have an extremely demanding job and you're employer has been harassing you non-stop and you have a stroke due in part to the other psychological and mental toll work takes on you, this is not likely going to be covered. The heart attack, stroke, or other "internal failures " are regarded to be personal in nature and unconnected to your work responsibilities. For that reason the fact that the incident manifested at the workplace is not good enough. Exceptions to these exemptions emerge if: (a) you are involved in an unusual strain or exertion at the workplace, or (b) you are involved in a line of work where there is a probability that such an event is work-related - such as a police officer or fireman.

"In the course and scope of employment" is also required for an injury to be covered under Workers Compensation. So as to be in the course of employment, you definitely have to be at your job. If you have a car crash either on your way to work or on your way home, the majority of the times those injuries are not going to be considered job related accidents. There are exceptions. To remain in the range of employment, you need to be working on a task related to work in other words at least engaged in some type of reasonable task the Business could possibly have anticipated. If your employment is to perform paperwork in an office space but you injure or hurt yourself when you and your friend choose to have a run down the stairs to see who's in the very best shape that injury is definitely not going to be considered work-related. You have unreasonably deviated from your work duties to the point that what you're doing at that time of injury is no longer sufficiently linked to work to get regarded as work-related.

Thus let's say you've cleared the hurdles of being an employee 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 must miss a particular amount of work and the disability 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 receive lost earnings. In addition if you have an injury that heals within three full weeks, you're not qualified to short-term benefits. If you do sustain a personal injury that keeps you out of work for a prolonged time, then you will obtain compensation. That being said, this compensation is not your whole earnings. Rather you collect roughly two-thirds of what you were making at the time of the injury. 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 physician states you can work with limitations AND the Company is unable to accommodate those limitations, you will receive 64% of your compensation. But if your employer is able to accommodate those restrictions 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 wages. The longer your disability, the more earnings you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will not be recovered.

Thus let's claim that 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 get? To remain entitled to lost wages, you will have to miss out a particular amount of work and the incapacity has to last a certain period of time. If you skip no more than a week or so from work, you're not going to be given lost earnings. 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 an injury that places you out of your job for a prolonged time, then you will receive compensation. Nonetheless, this remuneration is not your entire earnings. Instead you get roughly 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 point you receive 66.67% of what you were making at the time of the accident. If the health professional claims you can work with limitations AND the Business 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 get no reimbursement. So bottom line is that if you are missing work because of a work-related injury, you will lose earnings. The longer your disability, the more paychecks you can lose. Unless you settle your case at some time, those lost earnings are gone for good and will definitely not be recovered.

A further constraint on your ability to receive lost wages is that those benefits are just paid for a certain period of time. Once you have acquired maximum medical improvement, which is the health professionals way of suggesting you're on the right track now, you will not get anymore temporary benefits. Even if you have not returned to work or your position is no more available, your temporary benefits end. If you get an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, however, those benefits are less than the temporary and they are very short lived. They normally just last a matter of a few work-weeks or calendar months. Only very few injured employees, the most seriously hurt, have a chance of receiving long term permanent benefits called permanent total disability.

If it comes down to medical care, your rights or benefits also have considerable limitations. If you have an injury that requires critical care, then you can get that care without first acquiring Company or workers' compensation provider approval. Following that initial treatment, who you see for medical care is not your decision. Your Employer or more frequently its work comp insurance provider will likely inform you who you can treat with. If you don't like the health care provider they choose, then you may get a one time change but that's it. On top of that, you don't have the ability to pick that next health professional either. One more time the workers compensation insurance carrier picks the health care provider. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your health plan will not cover it.

At least one of the few positive elements of the health care is that you do not pay for it period, other than a $10 copayment right after you reach maximum medical improvement. The insurance provider is responsible for all other expenses of treatment including prescribed medication and physical therapy. Still as you can probably see now, workers' comp is not a terrific system. It's also a complicated system.

If you find yourself in the work compensation system, you're better off obtaining advice and possibly a lawyer sooner rather than later. Errors made in the workers' comp system might be troublesome or even impossible to unwind. And some mistakes can guarantee the end of your case completely. Therefore, if you have a workers' compensation injury, speak to us right away. The advice is free, and you are under no obligation to retain us. If you do hire us, you won't be out of pocket for any expenses or costs. Our firm only gets paid when we get benefits for our clients!

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