Recent Florida Supreme Court Ruling Gives Injured Workers Fair Chance to Make Claim
The law of workers compensation generally provides that if you have been injured at work in Florida, your employer's workers compensation insurance carrier will pay for your lost wages and reasonable medical care so long as you notify your employer within 30 days of the injury or the time you are aware of the injury. A worker injured on the job is entitled to workers compensation benefits regardless of whose fault the injury was. The trade-off is that the worker cannot sue the employer for the injuries; he/she is limited to the benefits under the workers compensation laws.
Several years ago in Florida, a law was put into place that severely limited the attorneys' fees workers compensation lawyers who represented injured workers could collect from the employers' insurance companies in these cases. A formula was created that allowed workers compensation lawyers who represented injured workers to receive only a minimal fee even for prolonged and complex cases. On the other hand, the insurance companies could pay defense lawyers representing workers compensation insurance companies large fees to defend workers compensation cases. As a result of this imbalance, injured workers were at a severe disadvantage in making a claim for injuries at work and finding a law firm that would handle a serious workers compensation case. Under the old law, a lawyer representing an injured worker may be expect to make near minimum wage for dozens of hours of work while the insurance company paid its lawyer $15,000 or more on the same case.
Recently, in the case of Murray v. Mariner Health, the Florida Supreme Court struck down that law that was clearly unfair for injured workers. Based on that ruling, lawyers for injured workers can collect fair attorneys' fees for their time and effort on workers compensation cases on behalf of injured workers. This recent ruling should level the playing field and allow people injured at work to retain the workers compensation lawyer of his/her choice without worrying that his/her case or lawyer will be compromised.
If you have been injured at work in Jacksonville, Florida or anywhere in Northeast Florida, contact a law firm whose lawyers are knowledgeable in workers compensation issues to learn more about your right to be compensated for your injuries.
