This article in my opinion seemed to leave out why the attorney fee section of the statute was deemed unconstitutional. Before it was properly deemed unconstitutional the only way an injured workers attorney could get paid in an indemnity issue was based on the percentage of the amount of the benefit that was obtained thru the attorney’s efforts. So even though the employer/carrier’s attorney was able to be paid hundreds of dollars per hour the injured workers attorneys sometimes found themselves working for literally less than minimum wage.
For example, if the insurance carrier wrongfully failed to pay an injured worker $500 in lost wages arguing major contributing cause it would not be unreasonable for the attorneys to each have to put in 20 hours of time to get to the finish line. No matter what the outcome the insurance company attorney would be paid roughly around $6,000 at a rate of $300/hr for such an example. On the other hand the injured worker’s attorney would only be paid $200 at a rate of $5/hr and that’s only if he or she won. It led to injured workers finding themselves short changed yet no attorney willing to fight to get it for them.
This article in my opinion seemed to leave out why the attorney fee section of the statute was deemed unconstitutional. Before it was properly deemed unconstitutional the only way an injured workers attorney could get paid in an indemnity issue was based on the percentage of the amount of the benefit that was obtained thru the attorney’s efforts. So even though the employer/carrier’s attorney was able to be paid hundreds of dollars per hour the injured workers attorneys sometimes found themselves working for literally less than minimum wage.
For example, if the insurance carrier wrongfully failed to pay an injured worker $500 in lost wages arguing major contributing cause it would not be unreasonable for the attorneys to each have to put in 20 hours of time to get to the finish line. No matter what the outcome the insurance company attorney would be paid roughly around $6,000 at a rate of $300/hr for such an example. On the other hand the injured worker’s attorney would only be paid $200 at a rate of $5/hr and that’s only if he or she won. It led to injured workers finding themselves short changed yet no attorney willing to fight to get it for them.
These cases fixed a broken law!
Jason Kobal, let me guess. You are a lawyer.
The costs are going to skyrocket in Florida, and Jason, you will get rich. Congrats!
Wealth redistribution from Florida businesses to lawyers. Lord knows the injured worker wont get a windfall.