Page Park 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 Page 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, Southchase, Edgewood, Ybor City, Metrowest, Venus 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 searching for a Work Comp Attorneys near you? If you are injured, we understand you may not be able to drop by our offices. Let us go to your place!

Trial Pro, P.A. works with Floridians in a variety of personal injury law matters. Our practice areas include all kinds of personal injuries; motor vehicle collisions, motorcycle accidents, wrongful death claims, slip-and-fall injuries, tractor-trailer collisions, construction injuries and workers compensation injuries. 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 like Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and all throughout Florida. Contact our office for an absolutely free and confidential discussion of your case.

Work Comp in Page Park, FL is a legally required system of benefits that are readily available to most employees who are injured or hurt on the job. 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 completely to blame or negligent in resulting in an injury, moreover this does not exclude individuals from collecting benefits. In contrast your workplace or colleague might be negligent in causing the accident, and this does not qualify you to additional benefits. is said for being equally a shield and a sword as far as providing for benefits. It is a "sword" in that your Boss simply cannot defend against your claim by saying you were negligent in triggering the unfortunate incident. It is a "shield" that provides protection to Employers from having to pay laborers many of the damages that are available to non-employees who are injured or hurt following the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Page Park, Florida Work Comp Attorneys Call Trial Pro, P.A Law practice now - 800-874-2577

This scenario exposes the "sword and shield" aspect of workers' compensation. Let's point out that Evan is a considerably reckless baker. He rarely focuses on what he's working on. He's heading out the back entrance at the workplace, hands packed with trash, to toss in the dumpster. As he rushes down the illuminated staircases, he trips and falls down fracturing his scapula. His boss goes to his aid, and sees that Evan as usual was carrying way too much to be safe and his shoelaces were simply untied. You might believe that Evan doesn't have a case considering his neglect caused the accident. However, you would be not right.

Page Park, Florida companies and property owners are legally accountable for maintaining their properties and must always keep it in a reasonably safe and sound condition and warn occupants of any unsafe conditions of which they are conscious or should be aware.

Now let's alter the facts to some extent. Evan as opposed to being reckless is very meticulous. He consistently ties up his no slip boots in double knots, not ever rushes down the staircases, and never ever brings a lot more than he should. However his employer has been relatively slack in recent times. The illumination on the stairs blown out, and he recognizes that one of the steps is damaged and is a tripping risk. Nevertheless he's too hectic to address that problem at the moment. Consequently, Evan trips on the broken dark stairway that his manager knew about, and yet failed to even bother to caution Evan about. If you think that Evan is able to now file suit his boss or Employer for negligence as a result of his boss's negligent actions, you would likely also be wrong. Reckless Evan has the very same legal rights as a hurt laborer as mindful Evan does. That may seem unfair, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore, let's examine who is qualified to these kinds of benefits in The Sunshine State. To start with, you must be an employee. Independent contractors (or 1099 professionals) are not qualified to work comp benefits. Also, the company that you work with needs to be large enough to be required to hold workers' comp benefits. In the case that there aren't at minimum four workers, then the Company isn't obligated to hold work comp insurance except if it is a construction employment As well, presently there are particular roles that aren't covered in The Sunshine State under workers' compensation. Good examples of jobs that are not covered are most real estate agents, owner-operators of semis, most volunteers, and taxi drivers.

So let's claim that you qualify as an employee under the workers compensation program, does that mean that you're entitled to benefits if you suffer injuries or have an accident at the office? Just like many legal issues, the answer is that it depends. To start with, the calamity or personal injury needs to "arise out of" and be "in the course and scope" of employment. Arising out of work generally means that some element of the task triggered the accident. An example of a fairly common injury occurrence at the workplace that is not commonly a work-related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack during work hours, this is not really going to count as a workers compensation accident. It may have happened at work, but the work did not trigger the heart attack. Even if you have a very arduous job and you're supervisor has been harassing you relentlessly and you feature a stroke due partially to the other emotional toll work takes on you, this is not likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are considered to be personal in character and irrelevant to your job functions. Subsequently the simple fact that the incident manifested at work is not sufficient. Exceptions to these exemptions arise if: (a) you are engaged in an unusual stress or effort at work, or (b) you are involved in an employment where there is a presumption that such an event is work-related - which include a law enforcement officer or fire fighter.

"In the course and scope of employment" is also required for an accident to be covered under Workers Compensation Insurance. To be in the course of employment, you literally have to be at work. If you have a car or truck accident either on your way to work or on your way home, a large number of times those car accidents are not going to be regarded as job related accidents. There are exceptions. To be in the scope of employment, you have to be engaging in a task related to work in other words at the very least engaged in some form of reasonable task the Company could possibly have anticipated. If your employment is to perform paperwork in an office but you injure yourself when you and your pal decide to have a race down the stairs to see who's in optimum condition that injury is 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 time of personal injury is no longer sufficiently connected to work to get considered work-related.

So let's claim that you've cleared the hurdles of being a worker that's injured 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 have to miss out a particular amount of workdays and the injury has to last a particular period of time. If you skip less than a full week from work, you're not going to get lost earnings. Additionally if you have an injury that heals within three full weeks, you're not qualified to short-term benefits. If you do sustain an accident that keeps you out of work for a prolonged period of time, then you will get compensation. Nonetheless, this remuneration is not your entire earnings. Rather you get approx two-thirds of what you were earning at the time of the accident. 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 injury. If the doctor says you can work with restrictions AND the Company is unable to accommodate those limitations, you will receive 64% of your paycheck. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no compensation. So bottom line is that if you are missing work because of a work-related injury, you will lose earnings. The lengthier your injury, the more earnings you can lose. Unless you settle your case at some time, those lost wages are gone for good and will not be recovered.

Therefore, 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 receive? To be entitled to lost wages, you must miss out a particular amount of work and the injury has to last a particular period of time. If you miss less than a few days from your job, you're not going to be given lost earnings. At the same time if you have an injury that heals within just three full weeks, you're not entitled to temporary benefits. If you do suffer an injury that keeps you out of work for a lengthy time, then you will receive compensation. On the other hand, this remuneration is not your full wage. Instead you collect around two-thirds of what you were earning at the time of the injury. If the physician says no work at all, at that point you get 66.67% of what you were earning at the time of the accident. If the doctor says you can work with restrictions AND the Company is not able to accommodate those restrictions, you may obtain 64% of your income. But if your Boss 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 your job due to a work-related injury, you will lose earnings. The greater your injury, the more earnings you can forfeit. Unless you settle your case at some time, those lost paychecks are gone for good and will not be recovered.

A further restriction on your ability to get lost wages is that those benefits are only paid for a specific period of time. Once you have reached maximum medical improvement, which is the health professionals way of expressing you're on the right track now, you do not get anymore temporary benefits. Even if you have not gone back to work or your position is no longer available, your temporary benefits end. If you receive an impairment rating due to a permanent injury, you will receive permanent impairment benefits, but those benefits are less than the temporary and they are very short lived. They generally just last a matter of a few weeks or calendar months. Just very handful of injured employees, the most badly hurt, have a chance of acquiring long term permanent benefits called permanent total disability.

Every time it comes to medical care, your rights or benefits also have substantial constraints. If you have an injury that requires critical care, at that point you can get that care without first acquiring Company or workers' compensation insurance company authorization. Shortly after that early treatment, who you see for medical treatment is not your decision. Your Employer or more often its work comp insurance company will likely notify you who exactly you can treat with. If you don't prefer the health care provider they choose, then you may obtain a one-time change but that's it. Plus, you don't get to choose that next health professional either. Once again the workers compensation insurance provider picks the doctor. You can obtain 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 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 accountable for all other costs of medical care including prescription drugs and physical therapy. Still as you can probably see by now, workers' compensation is not a tremendous program. It's also a complicated system.

If you find yourself in the work compensation system, you're better off getting guidance and perhaps an attorney sooner rather than later. Errors made in the workers' compensation system could be difficult if not impossible to unwind. And also a number of mistakes can guarantee the end of your case entirely. So if you have a workers' comp injury, contact us promptly. The consultation is free, and you are under no obligation to retain us. In the case 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