Workers’ Compensation Attorney’s Fees

Workers’ Compensation Attorney’s Fees

I have watched thru the Florida Supreme Court website/archives the oral arguments over claimant paid attorney’s fees in workers’ compensation.  In 2003, the legislator capped the claimants attorney’s fees at $1,500.00 for a medical only issue and did not cap the employer/carrier’s fees.  This effectively means that the insurance company can spend as much money as it wants on defending a workers’ compensation claim.

On the other hand, the claimant cannot pay out of his/her pocket an attorney’s fee and the employer/carrier is only responsibile for paying $1,500.00 to the attorney.  The Supreme Court’s tone was one of disbelief and I feel very comfortable that we will have a positive opinion in the next forty-five to sixty days.  This is only my opinion but the temperment of the Court was that it was truly “unfair” as well as a violation of equal protection.

In my own practice I have been unable to take many controverted cases and exposure cases because I cannot work for $1,500.00 when the employer/carrier’s lawyer gets $30,000.00 to $50,000.00 to defend these cases.

I will be writing in my news letter the outcome of the Supreme Court case.

I invite your thoughts on this matter.

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