Posted On: November 24, 2008 by Randy Zeldin

Attorney Fees for Injured Workers Must be Fair and Reasonable

The Florida Supreme Court has recently re-instated reasonable attorney fees, to allow injured workers in Palm Beach and Broward Counties and statewide, to obtain competent legal representation. The case, Murray v. Mariner, requires only that a Judge of Compensation Claims look at all circumstances in awarding fees that are fair and reasonable.

Unfortunately, the Florida Chamber of Commerce believes that fair and reasonable attorney fees are only for businesses and insurance carriers. Adam Babington, counsel for the Florida Chamber of Commerce, called reasonable claimant fees determined by a Judge of Compensation Claims to be "...shameful." The Chamber wants the Florida Legislature to undo the Supreme Court decision to favor business and insurance interests.

According to Boca Raton workers' compensation attorney Randy Zeldin, equal protection under the U.S. and Florida Constitutions requires that injured workers and the workers' compensation insurance carrier litigate on an "even playing field." Injured workers must have the same right to reasonable attorney fees as their employers, said Attorney Randy Zeldin.

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