It’s a decision that could have far-reaching consequences for many Florida workers’ compensation lawsuits. Florida’s 1st District Court of Appeal ruled it unconstitutional for a police officer and her union to be barred form paying a retainer and hourly fees for a lawyer in a workers’ compensation case.
In Miles v. City of Edgewater, the three-judge panel struck down the state law that limited the officer’s ability to pay for a law firm to represent her as she pursued workers’ compensation benefits for a work-related injury.
State law puts tight limits on attorney’s fees for workers’ compensation cases, and this has long been a point of bitter contention. The way it works is attorneys are paid strictly on a contingency fee basis, which is dependent on the amount the plaintiff is awarded. If plaintiff does not receive any money, neither will the attorney collect fees. Continue reading