Florida Governor Signs Bad Workers' Comp Reform into Law

A controversial workers' compensation reform proposal in Florida, which I blogged about last month, has become law -- and that's bad news for injured workers in the Sunshine State.

A 2003 law set extreme caps on the amount attorneys could charge for their work on workers' compensation cases. The Florida Supreme Court struck down that law as unreasonable. But five days ago, Florida Gov. Charlie Crist signed a new law that places similar caps on attorneys fees in workers' compensation cases.

Attorneys for injured workers voiced strong opposition to the new law, and not just because it will affect their compensation in such cases. They recognized that a law that caps attorneys fees will actually hurt injured workers, who will be unable to find representation and as a result will likely have their claims denied by well-funded insurance companies.

In the case that the Florida Supreme Court ruled on, for example, attorneys for a nurse seeking $3,200 in back wages and medical expenses for a back injury earned just $8 an hour for handling the claim because of fee caps. The opposing attorneys, who worked for the insurance company, collected $150 an hour.

The Miami Herald reported:

Trial lawyers, who opposed the new law, disagree. They say the fee caps will make it difficult for injured workers to find legal representation.

Paul Anderson, a board member for the trial lawyer group Florida Justice Association, has predicted more workers will be denied claims and will turn to taxpayer-supported public assistance programs to cover their medical expenses. He said the new law eventually will result in another legal challenge.