Tice Workers Compensation Attorney

After experiencing an accident in Fort Myers, 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 Fort Myers law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Fort Myers 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 Tice. 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, Rio Pinar, Buena Ventura Lakes, Ocoee, Sebring, Sidell 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 Work Compensation Lawyers near you? If you are injured, we understand you may not be capable to visit our offices. If you're unable to come to our office, we can come to you!

Trial Pro, P.A. works with Floridians in a range of personal injury legal matters. Our practice areas include all forms of personal injuries; car collisions, motorcycle accidents, wrongful death claims, slip-and-fall injuries, semi accidents, construction accidents and work comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic guidance and counsel to people in areas such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and throughout Florida. Call our office for a free of cost and confidential discussion of your case.

Worker's Comp in FL is a legally required system of benefits that are available to most people who are injured at work. 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 completely responsible or neglectful in leading to an accident, moreover this does not disqualify people from getting benefits. Conversely your manager or coworker may possibly be negligent in causing the accident, and this specific does not qualify you to extra benefits. is said for being simultaneously 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 creating the injury. It is a "shield" that provides protection to Employers from having to pay staff members many of the damages that are readily available to non-employees who are injured or hurt as a result of the unfortunate incident.

Need to file a Workers' Comp Claim? Talk with our Expert Tice, Florida Work Compensation Lawyers Call Trial Pro, P.A. Without delay to schedule an appointment - 800-874-2577

This scenario clarifies the "sword and shield" part of workers' compensation. Let's claim that Evan is an extremely sloppy cook. He rarely keeps an eye on what he's working on. He's heading out the side door on the job, hands full of waste, to toss in the dumpster. As he races down the unobscured staircases, he slips and falls down breaking his patella. His employer comes to his aid, and sees that Evan as usual was transporting way too much to be safe and his shoelaces were actually undone. You may perhaps believe that Evan doesn't have a claim just because his neglect triggered the injury. Yet you'd be wrong.

Tice, Florida businesses and home owners are legally liable for maintaining their facilities and have to maintain it in a reasonably safe condition and tell occupants of any dangerous conditions of that they are conscious or should be aware.

And now let's alter the facts just a little. Evan rather than being sloppy is exceptionally cautious. He actually ties up his no slip shoes in repeated knots, not ever rushes down the stairs, and certainly never brings more than he should. Nevertheless his manager has been relatively slack in recent times. The lamp on the stairs blown out, and he realizes that one of the steps is damaged and is a tripping risk. However he's too hectic to handle that issue right away. As a result, Evan trips on the damaged dark staircase that his boss knew of, however failed to even try to tell Evan about. If you suppose that Evan can now take legal action against his boss or Employer for negligence due to his manager's reckless practices, you will also be off-target. Careless Evan possesses the same legal rights as an injured laborer as vigilant Evan does. That may seem unjustifiable, but that is a consequence of fault of negligence being a non-issue in work comp.

So let's analyze who is eligible to these benefits in The Sunshine State. To start with, you need to be an employee. Independent contractors (or 1099 professionals) are not entitled to work comp benefits. Additionally, the organization that you work for needs to be large enough to be required to hold work comp benefits. In case there aren't at the very least four staff members, then the Business isn't obligated to hold worker's compensation insurance coverage except if it is a building and construction job Also, presently there are various roles that aren't covered in The Sunshine State under workers comp. Samples of jobs that are not covered are nearly all real estate agents, owner-operators of rigs, the majority of volunteers, and taxi cab drivers.

So let's claim that you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you sustain injuries or have an accident at the office? Like many legal questions, the answer is that it depends. First off, the calamity or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence implies that some element of the job caused the accident. A good example of a relatively common injury instance at the workplace that is not frequently a work-related injury is a heart attack or stroke. If you're sitting at your desk and you sustain a cardiac arrest in the course of work hrs, this specific is not really going to count as a workers compensation injury. It may have taken place at work, but the job did not cause the heart attack. Even if you have a very demanding career and you're employer has been harassing you relentlessly and you feature a stroke due partially to the other psychological and mental toll work takes on you, this is not likely going to be covered. The cardiovascular disease, stroke, or other "internal failures " are considered to be personal in nature and not related to your job duties. Because of this the fact that the calamity developed on the job is not 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 an occupation where there is a presumption that such activity is work-related - for example, a police officer or fire fighter.

"In the course and scope of employment" is also required for an injury to be protected under workers comp. So as to be in the course of employment, you actually have to be at your job. If you have a auto wreck either on your way to work or on your way home, most times those car accidents are not going to be regarded as work-related injuries. There are exceptions. To be in the span of employment, you must be conducting a task related to work in other words at the very least engaged in some sort of reasonable activity the Employer 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 buddy choose to have a run down the stairs to see who's in optimum condition that accident is definitely 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 injury is no longer sufficiently linked to work to be regarded as work-related.

Therefore, let's claim that you've cleared the hurdles of being a worker that's injured or hurt in the course and scope of your job by an injury that arose out of work, what do you receive? To remain entitled to lost wages, you will have to miss a particular amount of workdays and the disability has to last a particular period of time. If you miss out barely a few days from work, you're not going to collect lost wages. In addition if you have a trauma that heals in less than three weeks, you're not entitled to temporary benefits. If you do suffer a trauma that manages to keep you out of work for a prolonged period of time, then you will receive compensation. Nonetheless, this remuneration is not your full income. Instead you collect approximately 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 receive 66.67% of what you were earning at the time of the accident. If the medical professional states you can work with limitations AND the Company is unable to accommodate those restrictions, you may receive 64% of your compensation. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no reimbursement. So bottom line is that if you are missing your job as a result of a work associated injury, you will lose wages. The lengthier your injury, the more wages you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will certainly not be recovered.

Thus let's claim that you've cleared the hurdles of being an employee 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 certain period of time. If you miss out less than a week or so from work, you're not going to collect lost earnings. At the same time if you have a trauma that heals in less than three weeks, you're not qualified to temporary benefits. If you do sustain an accident that keeps you out of job for a lengthy time, then you will obtain compensation. Nonetheless, this compensation is not your full salary. Instead you get as much as two-thirds of what you were making at the time of the injury. If the health care provider says no work at all, then you receive 66.67% of what you were making at the time of the accident. If the health care provider suggests you can work with limitations AND the Company is not able to accommodate those limitations, you will obtain 64% of your compensation. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no reimbursement. So bottom line is that if you are missing work as a result of a work associated injury, you will lose earnings. The lengthier your injury, the more paychecks you can forfeit. Unless you settle your case at some time, those lost earnings are gone for good and will certainly not be recovered.

A further limitation on your opportunity to obtain lost wages is that those benefits are only given for a certain period of time. Once you have attained maximum medical improvement, which is the physicians way of suggesting you're on the right track now, you do not get anymore temporary benefits. Even if you have not returned to work or your position is no longer 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 weeks or months. Only very handful of injured workers, the most seriously 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 major constraints. If you have an injury that entails urgent care, then you can get that care without first obtaining Workplace or workers' comp carrier authorization. Shortly after that early treatment, who you see for medical care is not your choosing. Your Employer or more often its work compensation insurance carrier will likely inform you who exactly you can treat with. If you don't prefer the medical professional they pick, then you might obtain a one time change but that's it. On top of that, you don't get to pick that next health professional either. Again the workers compensation insurance provider picks the health professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor out of pocket. Your health insurance will not cover it.

At least one of the few beneficial elements of the health care is that you don't pay for it at all, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is responsible for all other expenses of treatment including prescribed medicine and physical therapy. Still as you can probably see by now, workers' comp is not an excellent program. It's also a complicated system.

If you find yourself in the workers compensation system, you're better off obtaining guidance and possibly a lawyer sooner rather than later. Mistakes made in the workers' comp system may be very difficult or even impossible to unwind. And also a couple errors can signify the end of your case completely. Therefore, if you have a workers' compensation accident, speak to us immediately. The consultation is completely free, and you are under no obligation to hire us. In case you do retain us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for our clients!

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