Nokomis Workers Compensation Attorney

After experiencing an accident in Naples, 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 Naples law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Naples 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 Nokomis. 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, Campbell, Lake Nona, Apopka, Clearwater, Lisbon 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 trying to find a Work Compensation Law Firm near you? If you are injured or hurt, we recognize you may not have the ability to drop by our offices. Let us go to your place!

Trial Pro, P.A. represents Floridians in a variety of personal injury legal matters. Our practice areas include all kinds of injuries; automobile accidents, motorcycle accidents, wrongful death claims, slip-and-fall accidents, semi collisions, construction injuries 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 like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Call our law firm for a free and confidential discussion of your case.

Workers' compensation in FL is a legally required system of benefits that are accessible to most employees 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 at fault or negligent in resulting in an injury, and this does not exclude you from receiving benefits. Conversely your boss or coworker might be negligent in triggering the accident, and this does not qualify you to additional benefits. is claimed as being simultaneously a shield and a sword as far as providing for benefits. It is a "sword" in that your Boss can not defend against your claim by saying you were negligent in triggering the unfortunate incident. It is a "shield" that safeguards Companies from having to pay staff members many of the damages that are accessible to non-employees who are hurt as a result of the accident.

Need to file a Work Compensation Claim? Talk with our Expert Nokomis, FL Workers' Comp Lawyers Call Trial Pro, P.A. right now for the powerful representation you and your family needs - 800-874-2577

This good example clarifies the "sword and shield" angle of workers' compensation. Let's say Evan is a remarkably careless chef. He hardly keeps an eye on what he's doing. He's going out the side door at work, hands packed with garbage, to throw in the dumpster. As he races down the luminous backstairs, he trips and falls down breaking his pelvis. His supervisor comes to his aid, and sees that Evan as usual was transporting way too much to be safe and his shoe laces were actually untied. You may perhaps assume that Evan may not have a case due to the fact that his neglect resulted in the unfortunate incident. However you'd be wrong.

Nokomis companies and home owners are under legal standing liable for maintaining their properties and need to always keep it in a within reason safe and sound condition and warn occupants of any dangerous conditions of that they are aware or should be aware.

And now let's change the facts slightly. Evan rather than being careless is extremely diligent. He actually ties his no slip work shoes in double knots, under no circumstances hurries down the staircases, and under no circumstances transports a lot more than he can. However, his business manager has been somewhat neglectful in recent times. The lamp on the stairways burned out, and he realizes that one of the steps is busted and is a tripping hazard. Nevertheless he's too tied up to deal with that problem right now. Consequently, Evan trips on the defective unlit stairway that his manager knew of, however failed to even bother to alert Evan about. If you expect that Evan can now take legal action against his boss or Workplace for negligence as a result of his manager's negligent behaviors, you would most likely also be off-target. Unmindful Evan has the exact same rights as an injured laborer as mindful Evan does. That may seem unjust, but that is a consequence of fault of negligence being a non-issue in workers' compensation.

Therefore let's analyze who is qualified to these benefits in The Sunshine State. To start with, you need to be an employee. Independent contractors (or 1099 staff members) are not qualified to work comp benefits. Secondly, the company that you work for needs to be big enough to be required to possess workers' comp benefits. If there are not at least four workers, then the Company isn't obligated to hold work comp coverage unless it is a building and construction job Also, presently there are a number of roles that usually are not covered in The Sunshine State under workers comp. Good examples of occupations that are not covered are many real estate agents, owner-operators of rigs, most volunteers, and taxi cab drivers.

So let's say you qualify as an employee under the work comp program, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident at work? Just like many legal issues, the answer is that it depends. First, the calamity or trauma needs to "arise out of" and be "in the course and scope" of employment. Arising out of work basically means that some aspect of the task triggered the accident. A good example of a fairly usual injury occurrence at the workplace that is not usually a job related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a heart attack during work hours, this specific is not going to count as a workers' comp accident. It may have taken place at work, but the work did not inflict the cardiac arrest. Even if you have an extremely demanding job and you're boss has been harassing you relentlessly and you feature a stroke due partly to the other psychological 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 not related to your job responsibilities. For that reason the simple fact that the calamity happened at work is not enough. Exceptions to these exemptions arise if: (a) you are involved in an unusual stress or exertion at work, or (b) you are involved in an occupation where there is a presumption that such an event is work-related - for instance, a police officer or fireman.

"In the course and scope of employment" is required for an injury to be covered under Workers' Compensation Benefits. To be in the course of employment, you definitely have to be at your job. If you have a car accident either on your way to work or on your way home, most times those collisions are not going to be regarded as work-related accidents. There are exceptions. To remain in the range of employment, you have to be performing something related to work or even at the very least engaged in some type of reasonable activity the Business could have foreseen. If your position is to do desk work in a business office but you hurt yourself when you and your colleague choose to have a race down the staircase to see who's in the best condition that personal injury is not going to be considered work-related. You have foolishly deviated from your job duties to the point that what you're doing during the time of accident is no longer sufficiently linked to work to get regarded as work-related.

So let's say you've cleared the hurdles of being a worker 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 be entitled to lost wages, you must miss out a particular amount of workdays and the injury has to last a certain period of time. If you miss out barely a full week from work, you're not going to collect lost wages. Also if you have an injury that heals within 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 get compensation. Unfortunately, this remuneration is not your full wage. Rather you obtain approximately two-thirds of what you were earning at the time of the accident. If the health professional says no work at all, at that time you get 66.67% of what you were earning at the time of the accident. If the medical professional suggests you can work with restrictions AND the Company is unable to accommodate those restrictions, you will obtain 64% of your wages. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you receive no reimbursement. So bottom line is that if you are missing work because of a work associated injury, you will lose earnings. The longer your disability, the more earnings you can forfeit. 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 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 must miss out a certain amount of workdays and the disability has to last a specific period of time. If you miss out less than a full week from work, you're not going to receive lost earnings. Also if you have a trauma that heals within just three full weeks, you're not qualified to temporary benefits. If you do sustain an injury that places you out of job for an extended period of time, then you will earn compensation. On the other hand, this remuneration is not your entire salary. Instead you receive approx two-thirds of what you were making at the time of the personal injury. If the doctor 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 suggests you can work with restrictions AND the Company is unable to accommodate those limitations, you will obtain 64% of your compensation. But if your employer 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 your job because of a work associated accident, you will lose wages. The lengthier your impairment, the more paychecks you can forfeit. Unless you settle your case at some point, those lost wages are gone for good and will not be recovered.

A further limitation on your ability to get lost wages is that those benefits are only given for a certain period of time. As soon as you have reached maximum medical improvement, which is the physicians way of claiming you're good to go, you will not get any more 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, but those benefits are less than the temporary and they are very short lived. They in most cases just last a matter of a few weeks or calendar months. Just very few injured employees, the most severely injured, have a likelihood of obtaining long-term permanent benefits called permanent total disability.

If it relates to medical care, your rights or benefits also have major constraints. If you have an injury that requires emergency care, then you can get that care without first acquiring Employer or workers' compensation carrier approval. Shortly after that initial medical care, who you see for health care is not your decision. Your Employer or more frequently its work comp insurance provider are going to inform you who exactly you can treat with. If you don't like the doctor they pick, then you can obtain a one time change but that's it. Also, you don't get to pick that next doctor either. Again the workers comp insurance carrier 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 won't cover it.

One of the few positive aspects of the medical 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 accountable for all other expenses of treatment including prescription drugs and physical therapy. Still as you have the ability to probably see already, workers' compensation is not a terrific system. It's also a complicated system.

If you find yourself in the work comp system, you're better off getting guidance and possibly legal representation sooner rather than later. Errors made in the workers' compensation system may be hard if not impossible to unwind. And a few errors can guarantee the end of your case altogether. Therefore, if you have a workers' comp injury, speak with us immediately. The advice is free of charge, and you are under no commitment to retain us. Assuming 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 our clients!

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