Florida Workers Compensation Attorneys Win Big For Workers

Representing Orlando, Tampa, Miami and Nearby Areas of Florida

After a long legal battle that took workers rights all the way to the Supreme Court of Florida, Florida workers compensation lawyers won a big victory today for Florida’s workers. In the case of Emma Murry v. Mariner Health, the Supreme Court of Florida struck down Draconian limitations on the amount of attorneys’ fees that could be awarded to workers compensation attorneys who win benefits for their clients. The decision involved the interpretation of a statutory provision (Section 440.34, Fla. Stat.) that had been altered as a part of the drastic changes to the workers compensation laws as a part of 2003 tort reform measures. This Supreme Court ruling gives hope to all Florida citizens who have suffered work-related injuries and have had problems getting the workers compensation insurance company to provide them with medical treatment and lost wages to which they are entitled under state law.
The 2003 law had so restricted the amount an attorney could earn when representing an injured worker that lawyers across Florida were finding more lucrative legal work, leaving injured workers unrepresented and at the mercy of Florida’s workers’ compensation insurance companies. The lower appeals court had upheld the trial court’s ruling that the worker’s attorney was only entitled to an attorney’s fee of $ 8.11 per hour. The attorney had won benefits of over $ 3,200 for Emma Murray. This new Supreme Court decision struck down those fee limitations and held that attorneys for injured workers are entitled to an award of reasonable attorneys’ fees for the work performed, unrestricted by these artificial caps. Workers had long been at a disadvantage in cases since the workers compensation insurance companies could pay their lawyers as much as they wanted to fight workers’ claims in workers’ compensation courts, leaving the playing field unlevel and odds stacked against injured employees.

While many attorneys had stopped handling workers compensation cases after the 2003 law went into effect, at CGWC, we never abandoned Florida’s workers, and Stewart Colling has led teams of workers compensation attorneys in fighting for the rights of injured workers for 25 years. If you or a loved one has been injured on the job, contact CGWC for a free consultation about your legal rights to workers compensation benefits.