Palm Workers Compensation Attorney

After experiencing an accident in Tampa, 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 Tampa law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Tampa 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 Palm. 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, Buena Ventura Lakes, Port Canaveral, Horizons West, Meadow Woods, Inglewood 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 Law Firm near you? If you are injured or hurt, we understand you may not be capable to visit our offices. Let us go to you!

Trial Pro, P.A. represents Floridians in a range of personal injury judicial matters. Our practice areas include all types of personal injuries; motor vehicle accidents, motorcycle collisions, wrongful death cases, slip-and-fall accidents, tractor-trailer accidents, construction injuries and workers comp injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. supplies strategic guidance and counsel to clients in cities such as Fairview Shores, Oakland, Avalon Park, Rattlesnake, Citrus Park, Pinellas County and all throughout Florida. Get in touch with our firm for an absolutely free and confidential discussion of your case.

Work Comp in Palm, FL is a legally required system of benefits that are available to most workers who are hurt 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 at fault or neglectful in resulting in an injury, and this does not disqualify you from collecting benefits. Conversely your boss or coworker can be negligent in triggering the injury, and this particular does not qualify you to additional benefits. Worker's Comp is said to be equally a shield and a sword as for 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 guards Employers from having to pay employees many of the damages that are available to non-employees who are injured or hurt after the unfortunate incident.

Need to file a Work Comp Claim? Talk with our Expert Palm Workers' Comp Attorneys Regardless of where your home is situated Call Trial Pro, P.A. As soon as possible for a free consultation - 800-874-2577

This example portrays the "sword and shield" side of workers' compensation. Let's claim that Evan is a considerably careless baker. He hardly keeps an eye on what he's working on. He's going out the back entrance at the workplace, hands loaded with trash, to put in the dumpster. As he rushes down the resplendent staircases, he slips and collapses hurting his midfoot. His supervisor goes to his aid, and notices that Evan as is usual was transporting way too much to be safe and his shoe laces were simply undone. You might actually think that Evan may not have a claim considering his carelessness caused the unfortunate incident. Yet you would be not right.

Palm, Florida companies and property owners are under legal standing responsible for looking after their premises and have to always keep it in a fairly safe and sound condition and inform occupants of any harmful conditions of which they are conscious or need to be aware.

Now let's change the facts just a little. Evan rather than being careless is quite mindful. He always ties up his no slip shoes in repeated knots, certainly never races down the stairs, and by no means transports a lot more than he can. However, his manager has been relatively slack in recent times. The light bulb on the stairways burned out, and he knows that one of the steps is busted and is a tripping hazard. Then again he's too busy to take care of that problem at the moment. As a result, Evan trips on the faulty unlit stair that his employer knew of, yet didn't even bother to caution Evan about. If you believe that Evan can now litigate his manager or Employer for negligence as a result of his boss's reckless behaviors, you will also be wrong. Careless Evan has the exact same legal rights as a hurt employee as meticulous Evan does. That may seem unjust, but that is a consequence of fault of negligence being a non-issue in workers comp.

Therefore let's analyze who is eligible to these types of benefits in Florida. To start with, you must be an employee. Independent contractors (or 1099 professionals) are not qualified to workers comp benefits. Additionally, the organization that you work with will need to be large enough to be required to bear work comp benefits. Assuming that there are not at the very least four employees, then the Employer isn't required to carry worker's compensation coverage except if it is a construction employment As well, presently there are particular occupations that aren't covered in Florida under work comp. Instances of occupations that are not covered are most real estate agents, owner-operators of eighteen-wheelers, most volunteers, and taxi cab drivers.

Just let's say you qualify as an employee under the workers compensation system, does that mean that you're entitled to benefits if you suffer injuries or have an accident at work? Like many legal inquiries, the answer is that it depends. First and foremost, the accident or trauma has to "arise out of" and be "in the course and scope" of employment. Arising out of work generally denotes that some aspect of the work caused the accident. An example of a reasonably frequent injury instance at work that is not commonly a job related injury is a heart attack or stroke. If you're sitting at your desk and you suffer a cardiac arrest in the middle of work hours, this specific is not likely going to count as a workers' comp accident. It may have occurred at work, but the work did not trigger the heart attack. Even if you have an extremely demanding job and you're employer has been harassing you non-stop and you have a stroke due somewhat to the other emotional 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 unrelated to your work responsibilities. Therefore the fact that the misfortune manifested on the job is not sufficiently. 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 an line of work where there is a anticipation that such an event is work-related - which include 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 Benefits. To be in the course of employment, you in essence have to be at your job. If you have a car wreck either on your way to work or on your way home, the majority of the times those unfortunate incidents are not going to be considered job related injuries. There are exceptions. To be in the range of employment, you need to be engaging in a task related to work or at the very least engaged in some kind of reasonable activity the Business could possibly have foreseen. If your job is to perform desk work in an office but you injure yourself when you and your buddy choose to have a race down the stairs to see who's in optimum shape that accident is definitely not going to be considered work-related. You have unreasonably deviated from your work duties to the point that what you're doing at that time of injury is no longer sufficiently connected to work to be considered work-related.

Thus 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 be entitled to lost wages, you will have to miss a certain amount of work and the disability has to last a specific period of time. If you miss barely a few days from work, you're not going to be given lost earnings. Also if you have an injury that heals within three weeks, you're not qualified to short-term benefits. If you do suffer a personal injury that keeps you out of your job for a prolonged period of time, then you will get compensation. However, this compensation is not your full wage. Rather you get around two-thirds of what you were making at the time of the injury. If the medical professional says no work at all, at that point you get 66.67% of what you were earning at the time of the injury. If the health care provider suggests you can work with limitations AND the Employer is not able to accommodate those restrictions, you will get 64% of your pay. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you get no compensation. So bottom line is that if you are missing your job due to a work associated injury, you will lose wages. The longer your disability, the more earnings you can lose. Unless you settle your case at some point, those lost wages are gone for good and will definitely not be recovered.

Thus let's claim that you've cleared the hurdles of being an employee that's injured in the course and scope of your job by an injury that arose out of work, what do you get? To remain entitled to lost wages, you will have to miss a particular amount of workdays and the injury has to last a specific period of time. If you miss out no more than a week from work, you're not going to collect lost earnings. At the same time if you have a trauma that heals within three full weeks, you're not qualified to short-term benefits. If you do sustain an injury that manages to keep you out of job for a prolonged time, then you will obtain compensation. On the other hand, this compensation is not your entire earnings. Instead you get as much as two-thirds of what you were earning at the time of the personal injury. If the medical professional says no work at all, at that point you get 66.67% of what you were making at the time of the injury. If the medical professional claims you can work with restrictions AND the Employer is not able to accommodate those limitations, you will receive 64% of your pay. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no compensation. So bottom line is that if you are missing your job because of a work associated accident, you will lose wages. The lengthier your injury, the more paychecks you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will definitely not be recovered.

A further limitation on your chance to get lost wages is that those benefits are only paid for a particular period of time. As soon as you have reached maximum medical improvement, which is the doctors way of claiming you're good to go, you don't 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 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 weeks or calendar months. Only very few injured employees, the most severely injured, have a likelihood of getting long-term permanent benefits called permanent total disability.

When it comes to medical care, your rights or benefits also have major constraints. If you have injuries that requires critical care, then you can get that care without first acquiring Company or workers' compensation service provider authorization. Just after that initial treatment, who you see for medical treatment is not your choice. Your Employer or more frequently its work compensation insurance provider will likely tell you exactly who you can treat with. If you don't like the physician they select, then you might obtain a one time change but that's it. Additionally, you don't have the ability to pick that next doctor either. Again the workers comp insurance carrier picks the health professional. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that health care provider out of pocket. Your health plan will not pay for it.

One particular of the few beneficial aspects of the medical care is that you do not pay for it period, other than a $10 copayment right after you reach maximum medical improvement. The insurance company is accountable for all other costs of treatment including prescribed drugs and physical therapy. Still as you can probably see already, workers' compensation is not a fabulous program. It's also a complicated system.

If you find yourself in the work comp system, you're better off obtaining guidance and perhaps a lawyer sooner rather than later. Errors made in the workers' comp system can be tough if not impossible to unwind. And even a couple mistakes can guarantee the end of your case altogether. So if you have a workers' compensation accident, get in touch with us immediately. The consultation is totally free, and you are under no obligation to retain us. If you do hire us, you won't be out of pocket for any expenses or costs. Our firm only gets paid when we get benefits for you!

We Do Not Get Paid Unless You Do