DON'T THEY CARE WHAT THE FLORIDA SUPREME COURT SAYS?

Florida Workers' Compensation is Under Attack Again in the Florida Legislature

The Florida Supreme Court said it was wrong, but Florida big business and the insurance industry just doesn't care. 

The workers' compensation carrier has unlimited money to pay their attorneys.  The Florida injured worker has a cap on what they can pay their workers' compensation attorney.  Once $1,500.00 has been paid to the injured worker's attorney over the life of the case, the workers' compensation carrier would not be responsible for any additional attorneys' fee even if the judge rules that they were wrong in denying benefits.  That's what Florida big business and the insurance industry are telling the Florida legislature to make into law despite the Florida Supreme Court ruling that the statutory caps on injured workers' attorney fees was wrong.

Last fall, the Florida Supreme Court ruled in Murray vs. Mariner Health that courts should be allowed to exceed the legislation's rigid fee schedule and award "reasonable fees."  In the Murray case, a nursing assistant was injured while helping lift a patient and required surgery. She filed for workers' compensation, which her employer's insurance company denied. She battled the workers' compensation carrier and won.  But under the state-imposed fee schedule, her lawyer, who worked 80 hours on the case, was awarded only $648 - or about $8 an hour - from the insurance carrier.  In contrast, the workers' compensation carrier paid its attorneys $16,050 - about $125 per hour - for the case.  Sound fair to you?

This week, the Florida legislature will be addressing this issue.  All we want is fairness on both sides.  Let the injured worker be on a level playing field as the insurance company.  It's bad enough that the injured worker has to rely on doctors picked by the insurance company.  The Judge of Compensation Claims is smart enough to know what reasonable fees are--a lot smarter than the Legislators who most have never had to battle a workers' compensation claim or step foot into a workers' compensation courtroom.

Click here to contact your Florida legislators and tell them to keep the playing field.  If you don't get involved, you shouldn't complain about it when a bad law passes.

If you or a loved one has been injured in a Florida workers' compensation case, it is important that you talk with an attorney right away to understanding your rights and responsibilities.  Attorney Matthew Noyes has been fighting for injured worker's workers' compensation benefits for 13 years.  Click here to contact Personal Injury Attorney Matthew Noyes to arrange a free case consultation.

For more articles that could save your life or the life of a loved one, read and post on Personal Injury Matthew Noyes' web blog, Noyes Legal News--Helpful Information About Florida Car Accidents and Workers' Compensation Claims.