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 Umatilla. 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, Sky Lake, Winter Garden, Forest City, Cape Coral, Vanderbilt Beach and more!

Frequently Asked Questions About Workers Compensation in Umatilla, 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 Umatilla Work Comp Lawyers Who Know How to Win Tough Claims

Are you looking for a Work Comp Law Firm near you? If you are injured, we recognize you may not be able to drop by our offices. Let us come to you!

Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all types of injuries; motor vehicle accidents, motorcycle accidents, wrongful death lawsuits, slip-and-fall injuries, semi-truck collisions, construction injuries and work comp accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic advice and counsel to people in areas such as Doctor Phillips, Campbell, Lake Kathryn, Nokomis, East Dunbar, Three Oaks and throughout Florida. Get in touch with our office for an absolutely free and confidential assessment of your case.

Workers' compensation in Umatilla, FL is a legally required system of benefits that are accessible to most workers who are injured 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 can be completely to blame or negligent in leading to an injury, and this does not disqualify people from getting benefits. On the other hand your supervisor or coworker could be negligent in leading to the unfortunate incident, and this specific does not entitle you to more benefits. Work Comp is claimed to be both 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 creating the injury. It is a "shield" that gives protection to Companies from having to pay employees many of the damages that are available to non-employees who are injured following the accident.

Need to file a Work Compensation Claim? Talk with our Expert Umatilla Work Comp Lawyers Contact Trial Pro, P.A Law Firm now - 800-874-2577

This situation exposes the "sword and shield" factor of Worker's Comp. Let's point out Evan is a very careless chef. He barely keeps an eye on what he's doing. He's going out the back entrance at work, hands full of waste, to put in the dumpster. As he runs down the well-lighted stairways, he trips and falls down fracturing his pelvis. His manager goes to his aid, and notices that Evan as is the custom was transporting excessive amounts of garbage to be safe and his shoelaces were actually untied. You might assume that Evan may not have a claim due to the fact that his carelessness triggered the personal injury. However you would be incorrect.

Umatilla businesses and residential or commercial property owners are legally responsible for taking care of their premises and need to maintain it in a reasonably free from danger condition and inform occupants of any unsafe conditions of which they are conscious or should be aware.

Now let's alter the facts a little bit. Evan instead of being reckless is quite mindful. He always ties his no slip shoes in double knots, under no circumstances rushes down the staircases, and never carries more than he should. But his supervisor has been fairly slack in recent times. The light fixture on the stairways blown out, and he recognizes that one of the steps is damaged and is a tripping risk. Nonetheless he's too tied up to deal with that problem right now. As a result, Evan trips on the defective dark stair that his employer knew of, but didn't even try to caution Evan about. If you think that Evan can possibly now file suit his boss or Employer for negligence due to his manager's reckless practices, you would likely also be mistaken. Unmindful Evan has the exact same rights as a seriously injured employee as vigilant Evan does. That may seem unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers comp.

So let's examine who is eligible to these kinds of benefits in The Sunshine State. First of all, you need to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers' compensation benefits. Additionally, the business that you work for needs to be large enough to be required to carry worker's compensation benefits. On the assumption that there aren't at minimum four staff members, then the Company isn't expected to offer workers' comp insurance except if it is a construction employment Also, there are various occupations that usually are not covered in Florida under workers' compensation. Instances of occupations that are not covered are most real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi drivers.

Therefore, let's assume you qualify as an employee under the workers' comp system, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident at the office? Just like many legal inquiries, the answer is that it depends. First and foremost, the calamity or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work basically denotes that some aspect of the job caused the accident. An example of a reasonably regular injury instance 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 heart attack during work hours, this particular is not most likely to count as a workers' comp accident. It may have occurred at work, but the work did not inflict the heart attack. Whether or not you have a very demanding career and you're boss has been harassing you non-stop and you feature a stroke due partially to the other emotional toll work takes on you, this is not going to be covered. The cardiac arrest, stroke, or other "internal failures " are contemplated to be personal in nature and unassociated to your work duties. For that reason the fact that the event developed on the job is not sufficient. Exceptions to these exemptions emerge if: (a) you are engaged in an unusual stress or exertion at the workplace, or (b) you are involved in an employment where there is a presumption that such activity is work-related - for example, a law enforcement officer or fireman.

"In the course and scope of employment" is also required for an accident to be covered under Workers Compensation. So as to be in the course of employment, you genuinely have to be at your job. If you have a vehicle crash either on your way to work or on your way home, most times those wrecks are not going to be considered work-related injuries. There are exceptions. To remain in the range of employment, you must be doing something related to work or even at least engaged in some sort of reasonable task the Employer could have foreseen. If your occupation is to do desk work in an office space but you injure or hurt yourself when you and your pal choose to have a run down the stairway to see who's in the best condition 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 moment of injury is no more sufficiently connected to work to get considered 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 obtain? To remain entitled to lost wages, you must miss a certain amount of workdays and the injury has to last a certain period of time. If you miss barely a week or so from work, you're not going to collect lost earnings. In addition if you have an injury that heals in less than three weeks, you're not qualified to temporary benefits. If you do sustain a personal injury that keeps you out of work for a prolonged period of time, then you will obtain compensation. Unfortunately, this remuneration is not your entire income. Rather you get as much as two-thirds of what you were making at the time of the injury. If the medical professional says no work at all, then you get 66.67% of what you were earning at the time of the injury. If the health care provider claims you can work with limitations AND the Business is not able to accommodate those limitations, you may obtain 64% of your earnings. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you receive no compensation. So bottom line is that if you are missing work as a result of a work associated accident, you will lose wages. The greater your injury, the more wages you can lose. Unless you settle your case at some time, those lost paychecks are gone for good and will not be recovered.

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 injury that arose out of work, what do you obtain? To remain entitled to lost wages, you will have to miss out a particular amount of work and the injury has to last a particular period of time. If you miss out barely a full week from your job, you're not going to receive lost wages. At the same time if you have a trauma that heals within three weeks, you're not qualified to temporary benefits. If you do suffer a trauma that keeps you out of job for an extended period of time, then you will obtain compensation. That being said, this remuneration is not your entire salary. Instead you get approximately two-thirds of what you were making at the time of the injury. If the health professional says no work at all, then you get 66.67% of what you were earning at the time of the injury. If the health care provider says you can work with restrictions AND the Company is unable to accommodate those restrictions, you will get 64% of your income. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you get no reimbursement. So bottom line is that if you are missing work due to a work associated 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 certainly not be recovered.

A further limitation on your chance to earn lost wages is that those benefits are just paid for a specific period of time. As soon as you have obtained maximum medical improvement, which is the doctors way of suggesting you're good to go, you don't get any more temporary benefits. Despite the fact that you have not come back to work or your job is no more available, your temporary benefits end. If you receive an impairment rating caused by a permanent injury, you will receive permanent impairment benefits, although 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 months. Only very few injured workers, the most seriously injured, have a chance of receiving long-term permanent benefits called permanent total disability.

Every time it comes to medical care, your rights or benefits also have big constraints. If you have an injury that requires urgent care, at that point you can get that care without first getting Employer or workers' comp provider approval. After that early medical care, who you see for medical care is not your selection. Your Employer or more frequently its work comp insurance provider are going to notify you exactly who you can treat with. If you don't prefer the health professional they select, then you might receive a one time change but that's it. On top of that, you don't have the ability to pick that next health care provider either. One more time the work compensation insurance carrier picks the health care provider. You can get what is called an IME, or "independent medical doctor", but you have to pay for that physician out of pocket. Your health insurance will not pay for it.

At least one of the few positive elements of the medical care is that you do not pay for it at all, other than a $10 copayment once you reach maximum medical improvement. The insurance provider is responsible for all other expenses of treatment including prescription medication and physical therapy. Still as you can probably see by now, workers' comp is not an excellent system. It's also a complex system.

If you find yourself in the workers comp system, you're better off obtaining advice and perhaps an attorney sooner rather than later. Mistakes made in the workers' comp system may be very difficult or even impossible to unwind. Plus certain errors can mean the end of your case altogether. Therefore, if you have a workers' compensation accident, contact us immediately. The advice is absolutely free, and you are under no obligation to hire us. If 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 our clients!

No Fees or Expenses Unless You Win

At Trial Pro, P.A., our accident attorneys work on a contingency fee basis. This means our firm covers the costs of investigating, constructing, negotiating and litigating your insurance claim. We do not charge you a thing unless we recover compensation on your behalf. If we don't win your suit, you will pay us nothing at all.

Our Umatilla personal injury lawyers also provide no charge assessments to discuss the details of your claim and establish if you have a case. Schedule a Free Evaluation

If you or someone you love has been hurt because of someone else's negligence or neglectfulness, you need a proven attorney by your side who is knowledgeable with the statutes and laws in The Sunshine State.

Our Umatilla personal injury lawyers are well-versed in accident litigation and have been recognized by our peers for our achievements. Several of our lawyers have been named as Super Lawyers and prestigious litigators for their success on behalf of our clients.

We have recovered favorable judgments and settlements that were instrumental in assisting our clients recover from their injuries or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your traumas.

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