Jeffrey P. Gale, P.A. // Here We Go Again — Florida Workers’ Compensation Law Under Assault

Here’s a simple truth: Because a claimant (injured worker) proceeding “without the aid of competent counsel” is as “helpless as a turtle on its back,” Davis v. Keeto, Inc., 463 So.2d 368, 371 (Fla. 1st DCA 1985) (quoting Neylon v. Ford Motor Co., 27 N.J.Super. 511, 99 A.2d 664, 665 (Ct.App.Div.1953)), one of the most important rights injured workers presently have under Florida’s workers’ compensation system, is the opportunity to hire a lawyer on a contingency fee basis who is able to exact a reasonable attorney’s fee from the employer and its workers’ compensation insurance company (collectively, the “E/C”) for failing to furnish benefits in accordance with the law. The law authorizing this arrangement, section 440.34, Florida Statutes, enables claimants’ attorneys to make the investment in time and money to do battle against the unlimited resources of Big Business and the Insurance Industry. Because…

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