Devastating Workers` Compensation Changes in Florida Unfair
Released on: October 23, 2008, 5:43 am
Press Release Author: Francis Law Group
Industry: Law
Press Release Summary: The Florida Workers' Compensation 2003 reform and the anticipated fall out is now being realized.
Press Release Body: Workers' compensation rates are set to drop January 2009. Although good news for the industry, injured workers are having a harder time getting legal help when insurance companies deny them benefits. Changes to the Workers Compensation Statute in October 1, 2003, all but obliterated a lawyer's ability to represent injured worker.
Injured workers lawyers are only eligible for hourly fees from an insurance company in very narrow circumstances and in most instances not at all. They may get a contingency fee, but only if the injured worker settles.
When an employee is hurt on the job, they are entitled to medical care or benefits and also a portion of their lost wages. That is all they are entitled to under these new reforms. They are unable to ask for money for past or future pain and suffering, loss of enjoyment of life or loss of consortium.
Prior to October 1, 2003, an injured worker could get legal representation because the law allowed attorney's fees where the insurance company had wrongfully denied an injured worker benefits.
There was a contingency fee but it was not enough to make it feasible to properly represent the injured worker's case. Workers compensation cases do not command settlement amounts to match the true value of the cases and the amount of time spent trying to settle them. The crux of the problem is the reforms have effectively eliminated proper or any legal representation for smaller cases and minor issues.
For example: Let's say an insurance carrier wrongly denies an injured worker two weeks of partial lost wages. The injured worker makes $7.00/hr for 40 hours per week - that's $560.00 for two weeks.
The injured worker, in the best-case scenario, is entitled to 66.3% of the two weeks of wages or $373.35. Sorting this issue out could take the attorney up to 30 hours or more to get the compensation judge to order the insurance company to pay.
The new law would limit the lawyer's payment to 20 percent of the $373.35, or $2.49/hour. Lawyers are not going to take a case and work those kinds of hours for that kind of payment.
Under the current law, insurance company lawyers who wrongfully deny benefits are paid any amount. This causes a disparity in adequate representation. Insurance company lawyers are paid for all the time they spend working to deny benefits, while the injured worker's lawyer goes uncompensated.
Change may come in the form of a case before the Florida Supreme Court that will decide whether or not the current discriminatory attorney fee policy is unconstitutional.
To learn more, visit http://www.francislawgroup.com.
Web Site: http://www.francislawgroup.com.
Contact Details: Adviatech Corp., PR for FrancisLawGroup.com
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