Question: Why have the rates for workers’ compensation in Florida gone down so much over the past few years?
In Florida, the workers compensation rates have fallen more than 50 percent since a 2003 reform measure tightened the definition of permanent disability, made it harder to collect benefits for mental impairment and also limited the fees of attorneys who represent injured workers to a maximum of 20 percent of the award they obtain for their client. Since 2007, there was an average rate reduction of 18 percent. Overall, Florida now has one of the lowest rates for workers compensation of any state in the country.
The attorney fee provision that accounted for a large part of the drop in rates is currently being challenged. Prior to 2003 attorneys charged hourly rates, which in some cases far exceeded the amount of money they collected for their client. Trial attorneys are arguing in court that the fee limitation is unconstitutional in that there are no similar restrictions on the fees of defense lawyers who represent the workers compensation insurer and they are asking the Florida Supreme Court to reinstate hourly rates. At the same time, injured workers with small claims complain that they cannot find attorneys to accept their cases. In the case before the court, Murray v. Mariner Health, the claimant’s attorney submitted a bill for 80 hours and asked the court to overrule the fee provision. The claimant received $3,224 in benefits. Oral arguments are scheduled for the fall of 2008. Could this be the end of Florida’s falling workers’ compensation rates?
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March 27th, 2008 at 12:29 pm
[...] to legislative reforms in 2003, Florida consistently ranked No. 1 or No. 2 in the country for the highest workers’ [...]