West Tampa 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 West Tampa. 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, Longwood, Hunters Creek, Rio Pinar, Dr. Phillips, Lee County 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 Comp Attorneys near you? If you are hurt, we recognize you may not be capable to drop by our offices. If you're unable to come to us, our firm can come to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury law matters. Our practice areas include all forms of personal injuries; automobile accidents, motorcycle collisions, wrongful death cases, slip-and-fall accidents, truck collisions, construction injuries and workplace accidents. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to people in cities such as Fairview Shores, Oakland, Avalon Park, Gardenville, Temple Terrace, Ybor City and across Florida. Contact our law firm for an absolutely free and confidential discussion of how we can help.

Work Comp in West Tampa is a legally required system of benefits that are readily available to most people who are injured at work. 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 could be completely to blame or negligent in triggering an injury, also this does not disqualify individuals from obtaining benefits. In contrast your manager or colleague could be negligent in triggering the unfortunate incident, and this particular does not qualify you to even more benefits. Workers' compensation is claimed to be equally a shield and a sword as far as providing for benefits. It is a "sword" because your Workplace can not defend against your claim by saying you were negligent in triggering the accident. It is a "shield" that guards Workplaces from having to pay laborers a lot of the damages that are accessible to non-employees who are injured due to the unfortunate incident.

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This situation illustrates the "sword and shield" part of Worker's Comp. Let's claim that Evan is a remarkably reckless baker. He hardly focuses on what he's doing. He's going out the side door at work, hands full of waste, to throw in the dumpster. As he races down the well-lighted stairs, he trips and collapses damaging his humerus. His supervisor comes to his aid, and notices that Evan as is usual was transporting excessive amounts of trash to be safe and his shoelaces were untied. You might probably assume that Evan doesn't have a claim just because his recklessness caused the unfortunate incident. But you would be mistaken.

West Tampa businesses and residential or commercial property owners are legally liable for maintaining their facilities and need to always keep it in a reasonably safe and sound condition and caution occupants of any unsafe conditions of which they are aware or need to be aware.

And now let's alter the facts just a bit. Evan instead of being careless is remarkably diligent. He consistently ties his no slip shoes in double knots, under no circumstances hurries down the staircases, and by no means transports a lot more than he should. But his employer has been relatively neglectful recently. The lighting on the staircases blown out, and he recognizes that one of the steps is busted and is a tripping hazard. However he's too hectic to take care of that problem now. Consequently, Evan trips on the faulty unlit staircase that his manager knew about, yet failed to even bother to alert Evan about. If you suppose that Evan can now litigate his manager or Employer for negligence as a result of his manager's negligent behaviors, you will also be mistaken. Negligent Evan has the exact same rights as a seriously injured person as vigilant Evan does. That may seem unreasonable, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore, let's analyze who is eligible to these types of benefits in Florida. First of all, you need to be an employee. Independent contractors (or 1099 professionals) are not entitled to workers comp benefits. Additionally, the organization that you work with will need to be big enough to be required to hold workers' comp benefits. If there aren't a minimum of four staff members, then the Employer isn't required to carry worker's compensation insurance except if it is a building and construction job Also, there are particular roles that aren't covered in FL under work comp. Samples of occupations that are not covered are most real estate agents, owner-operators of trucks, the majority of volunteers, and taxi drivers.

So let's state that you qualify as an employee under the work comp system, does that mean that you're entitled to benefits if you suffer a personal injury or have an accident on the job? Just like many legal inquiries, the answer is that it depends. To begin with, the calamity or injury will need to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence denotes that some element of the task triggered the accident. A good example of a fairly regular injury instance at the workplace that is not typically a work-related injury is a heart attack or stroke. If you're sitting at your desk and you experience a cardiac arrest in the middle of work hours, this is not likely going to count as a worker comp accident. It may have taken place at work, but the work did not inflict the cardiac arrest. Even if you have an extremely stressful career and you're supervisor has been harassing you non-stop and you have a stroke due partly to the other psychological and mental 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 unconnected to your work responsibilities. For that reason the fact that the calamity occurred on the job is not sufficiently. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or effort at work, or (b) you are involved in an employment where there is a anticipation that such activity is work-related - such as a law enforcement officer or fireman.

"In the course and scope of employment" is in addition required for an accident to be protected under workers' comp. In order to be in the course of employment, you definitely have to be at your job. If you have a motor vehicle wreck either on your way to work or on your way home, a large number of instances those personal injuries are not going to be regarded as work-related accidents. There are exceptions. To remain in the span of employment, you must be performing something related to work or at the very least engaged in some kind of reasonable task the Business could possibly have foreseen. If your occupation is to perform desk work in an office but you hurt yourself when you and your friend choose to have a race down the stairway to see who's in optimum shape that injury is definitely not going to be considered work-related. You have foolishly drifted from your job duties to the point that what you're doing at that time of personal injury is no more sufficiently linked to work to get regarded as work-related.

Therefore, 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 be entitled to lost wages, you will have to miss out a particular amount of workdays 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 collect lost earnings. Also if you have a trauma that heals in less than three full weeks, you're not entitled to short-term benefits. If you do sustain a personal injury that keeps you out of job for a prolonged time, then you will receive compensation. Nonetheless, this compensation is not your full salary. Instead you get as much as 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 making at the time of the accident. If the physician suggests you can work with restrictions AND the Employer is not able to accommodate those restrictions, you will get 64% of your salary. But if your Boss is able to accommodate those limitations and you are making 80% of your pre-injury wages, you get no reimbursement. So bottom line is that if you are missing your job due to a work associated injury, you will lose earnings. The lengthier your disability, the more earnings you can lose. Unless you settle your case at some point, those lost earnings 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 hurt in the course and scope of your job by an injury that arose out of work, what do you obtain? To be entitled to lost wages, you will have to miss out a particular amount of workdays and the disability has to last a particular period of time. If you miss out barely a full week from work, you're not going to get lost earnings. At the same time if you have a trauma that heals within just three full weeks, you're not qualified to temporary benefits. If you do sustain an personal injury that manages to keep you out of your job for an extended period of time, then you will get compensation. That being said, this compensation is not your full income. Rather you collect as much as two-thirds of what you were making at the time of the injury. If the health professional says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the doctor suggests you can work with restrictions AND the Business is unable to accommodate those restrictions, you will get 64% of your salary. But if your employer is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no compensation. So bottom line is that if you are missing work because of a work-related accident, you will lose earnings. The greater your disability, the more earnings you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will not be recovered.

A further constraint on your ability to obtain lost wages is that those benefits are just paid for a particular period of time. Once you have reached maximum medical improvement, which is the physicians way of expressing you're on the right track now, you will not get any more temporary benefits. Despite the fact that you have not returned to work or your position is no more available, your temporary benefits end. If you get an impairment rating caused by a permanent lesion, 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 months. Only very handful of injured employees, the most severely hurt, have a chance of being given long term permanent benefits called permanent total disability.

If it relates to medical care, your rights or benefits also have major limitations. If you have injuries that calls for emergency care, at that point you can get that care without first getting Workplace or workers' comp carrier authorization. Right after that very first medical care, who you see for health care is not your decision. Your Employer or often its workers comp insurance provider will inform you who 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. Furthermore, you don't get to select that next health care provider either. Once again the work compensation insurance carrier picks the health professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that physician expense. Your health insurance will not cover it.

One particular of the few beneficial elements of the health care is that you don't pay for it at all, other than a $10 copayment as soon as you reach maximum medical improvement. The insurance provider is responsible for all other expenses of medical care including prescribed medicine and physical therapy. Still as you can probably see by now, workers' compensation is not a great program. It's also a complicated system.

If you find yourself in the workers comp system, you're better off getting guidance and possibly legal representation sooner rather than later. Mistakes made in the workers' compensation system could be tough or even impossible to unwind. And some mistakes can signify the end of your case altogether. So if you have a workers' comp injury, speak to us without delay. The advice is completely free, and you are under no commitment to hire us. If you do hire us, you won't be out of pocket for any charges or costs. We only gets paid when we get benefits for our clients!

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