After experiencing an accident in Orlando, 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 Orlando law firm that will fearlessly fight to acquire optimal 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 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 University Park. 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, Citrus Park, Clarcona, Satellite Beach, Gulfport, Gary and more!
Frequently Asked Questions About Workers Compensation in University Park, 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 University Park Workers' Compensation Attorneys Who Know How to Succeed In Tough Lawsuits
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Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all sorts of accidents; motor vehicle accidents, motorcycle collisions, wrongful death cases, slip-and-fall accidents, semi-truck accidents, construction accidents and work comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic advice and counsel to people in cities such as Downtown Orlando, South Creek, Chuluota, Copeland, South Fort Myers, Nokomis and across Florida. Get in touch with our firm for a free of cost and confidential discussion of your case.
Worker's Comp in University Park, FL is a legally required system of benefits that are readily available to most workers who are 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 to blame or negligent in triggering an accident, also this does not exclude you from obtaining benefits. On the other hand your employer or coworker might be negligent in triggering the accident, and this does not entitle you to additional benefits. Worker's Comp is said as being equally 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 creating the accident. It is a "shield" that gives protection to Workplaces from having to pay employees a lot of the damages that are accessible to non-employees who are injured following the unfortunate incident.
Need to file a Workers' Compensation Claim? Talk with our Expert University Park Work Compensation Attorneys Call Trial Pro, P.A. Without delay to schedule an appointment - 800-874-2577
This instance exposes the "sword and shield" angle of workers' compensation. Let's say Evan is a considerably reckless cook. He rarely focuses on what he's doing. He's going out the back door on the job, hands loaded with waste, to throw in the dumpster. As he rushes down the well-lit staircases, he slips and collapses breaking his humerus. His supervisor comes to his aid, and sees that Evan as is the custom was transporting way too much to be safe and his shoe laces were untied. You might actually assume that Evan does not have a claim just because his neglect triggered the injury. However, you would be mistaken.
University Park, FL businesses and residential or commercial property owners are lawfully liable for maintaining their premises and must keep it in a fairly risk-free condition and alert occupants of any harmful conditions of that they are conscious or should be aware.
And now let's change the facts just a bit. Evan as opposed to being sloppy is tremendously conscientious. He consistently ties his no slip shoes in repeated knots, by no means runs down the stairways, and never ever carries a lot more than he can. Nevertheless his business manager has been somewhat neglectful in recent times. The light source on the stairs burned out, and he knows that one of the steps is cracked and is a tripping hazard. Nevertheless he's too hectic to address that issue now. Consequently, Evan trips on the faulty dark stair that his employer knew about, and yet failed to even try to warn Evan about. If you expect that Evan is able to now file suit his boss or Workplace for negligence due to his boss's reckless practices, you would also be wrong. Unmindful Evan possesses the same rights as an injured worker as mindful Evan does. That may seem not fair, but that is a consequence of fault of negligence being a non-issue in work comp.
So let's examine who is qualified to these kinds of benefits in Florida. To start with, you must be an employee. Independent contractors (or 1099 workers) are not qualified to workers' compensation benefits. As a rule, the organization that you work for must be large enough to be required to bear workers' comp benefits. If there aren't at least four workers, then the Company isn't obligated to offer worker's compensation insurance coverage except if it is a building and construction job Also, there are certain roles that usually are not protected in Florida under workers comp. Examples of jobs that aren't covered are nearly all real estate agents, owner-operators of rigs, most volunteers, and taxi cab drivers.
Therefore let's claim that you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you sustain a personal injury or have an accident at the workplace? Just like many legal issues, the answer is that it depends. Primarily, the accident or personal injury must "arise out of" and be "in the course and scope" of employment. Arising out of work in essence implies that some element of the work triggered the accident. An example of a fairly regular injury occurrence at the workplace that is not commonly a job 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 particular is not likely going to count as a workers compensation accident. It may have occurred at work, but the job did not lead to the heart attack. Even if you have a very demanding job and you're manager has been harassing you non-stop 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 heart attack, stroke, or other "internal failures " are contemplated to be personal in nature and irrelevant to your work duties. Consequently the simple fact that the calamity manifested at the workplace is not sufficient. Exceptions to these exclusions arise if: (a) you are involved in an unusual strain or exertion on the job, or (b) you are involved in a line of work where there is a probability that such activity is work-related - for instance a police officer or fire fighter.
"In the course and scope of employment" is required for an injury to be covered under workers' comp. So as to be in the course of employment, you definitely have to be at work. If you have a auto crash either on your way to work or on your way home, the majority of times those unfortunate incidents are not going to be regarded as work-related injuries. There are exceptions. To be in the scope of employment, you have to be performing something related to work in other words at the very least engaged in some sort of reasonable activity the Business could possibly have foreseen. If your occupation is to do paperwork in a business office but you injure or hurt yourself when you and your colleague decide to have a race down the stairs to see who's in the very best shape that personal injury is definitely not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at the moment of trauma is no more sufficiently linked to work to get considered work-related.
Thus let's say you've cleared the hurdles of being a worker 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 a particular amount of workdays and the injury has to last a specific period of time. If you skip less than a week or so from work, you're not going to be given lost wages. At the same time if you have an injury that heals in less than three weeks, you're not qualified to short-term benefits. If you do suffer an injury that keeps you out of work for a lengthy period of time, then you will obtain compensation. Nevertheless, this compensation is not your full salary. Instead you obtain 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, then you receive 66.67% of what you were making at the time of the injury. If the doctor suggests you can work with restrictions AND the Company is not able to accommodate those limitations, you will get 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 your job due to a work-related accident, you will lose wages. The lengthier your impairment, 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.
Therefore, let's claim that you've cleared the hurdles of being a worker 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 have to miss a particular amount of workdays and the injury has to last a particular period of time. If you miss out no more than a week from work, you're not going to be given lost earnings. In addition if you have a trauma that heals within three weeks, you're not entitled to short-term benefits. If you do suffer a trauma that keeps you out of work for an extended time, then you will earn compensation. Unfortunately, this remuneration is not your entire wage. Rather you collect as much as 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 get 66.67% of what you were making at the time of the accident. If the health care provider says you can work with restrictions AND the Company is unable to accommodate those limitations, you will obtain 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 reimbursement. So bottom line is that if you are missing work as a result of a work-related injury, you will lose wages. The greater your impairment, 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 restriction on your opportunity to get 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 physicians way of saying you're on the right track now, you do not get any more temporary benefits. Even when you have not returned to work or your job 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 generally just last a matter of a few work-weeks or calendar months. Just very few injured employees, the most badly injured, have a chance of obtaining long term permanent benefits called permanent total disability.
If it pertains to medical care, your rights or benefits also have significant constraints. If you have injuries that entails urgent care, at that point you can get that care without first acquiring Employer or workers' compensation provider authorization. Right after that very first medical care, who you see for health treatment is not your choice. Your Employer or more frequently its work compensation insurance company may notify you who exactly you can treat with. If you don't prefer the physician they select, then you may receive a one time change but that's it. On top of that, you don't get to choose that next physician either. Again the workers comp insurance provider picks the physician. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that doctor out of pocket. Your health plan won't pay for it.
One particular of the few positive elements of the medical care is that you do not pay for it period, other than a $10 copayment once you reach maximum medical improvement. The insurance provider is accountable for all other expenses of treatment including prescription medicine and physical therapy. Still as you can probably see now, workers' compensation is not an excellent program. It's also a complex system.
If you find yourself in the workers compensation system, you're better off obtaining guidance and perhaps a lawyer sooner rather than later. Errors made in the workers' comp system might be difficult if not impossible to unwind. And also a couple mistakes can signify the end of your case completely. Therefore, if you have a workers' comp accident, talk to us as soon as possible. The consultation is free of charge, and you are under no commitment to hire us. In the event that you do retain us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for you!
We Don't Get Paid Until You Get Paid
At Trial Pro, our accident lawyers operate on a contingency fee basis. This means we cover the costs of investigating, building, negotiating and litigating your case. We do not bill you anything unless our lawyers recover compensation on your behalf. If we don't win your insurance claim, you will owe us absolutely nothing.
Our University Park personal injury legal professionals also offer no cost assessments to review the details of your claim and determine if you have a suit. Schedule a Free Assessment
If you or someone else you love has been injured as a result of someone else's negligence or carelessness, you need a prestigious attorney by your side who is familiar with the laws and laws in Florida.
Our University Park injury lawyers are experts in injury lawsuits and have been acknowledged by our peers for our victories. Some of our legal professionals have been classified as Super Lawyers and distinguished litigators for their achievements in behalf of our clients.
We have recovered favorable verdicts and settlements that contributed in assisting our clients to bounce back from their personal injuries or the loss of a loved one. Let us help you recover the max amount of compensation you deserve for your injuries.
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
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