David & Philpot P.L., take action to level the playing field for injured workers!
Victims of workplace accidents in Florida are severely disadvantaged given current laws. In fact, the current law in Florida does not favor injured workers who seek compensation benefits, and may actually work against them in some cases.
There are several reasons that it is very difficult for an injured worker to file suit against an employer or an insurance company, including the laws governing attorney compensation for representation of injured workers, employers and insurance companies.
Under current laws, a worker cannot contract to pay an attorney beyond a limited fee schedule established by the legislature. This means that any attorney who represents an injured worker has his or her fees prescribed by law. Incredibly, defense attorneys who represent employers and insurance companies have no statutory restrictions whatsoever on what they can charge their clients for representation. This means that employers and their insurers can hire as many lawyers as they want and pay them any hourly rate they deem appropriate to fight worker lawsuits.
This reality leaves many claimants without the legal representation they need for their cases. In order for a victim to have a reasonable and realistic chance against a large employer or insurance company, it is vital that they attain the help of an experienced worker’s compensation attorney. Against seasoned counsel such as those representing most large employers and insurance companies, the average worker does not stand any chance of winning a case, particularly when hobbled by the fact that the worker is limited on how much he or she can pay an attorney while the opposition enjoys unlimited freedom to fight these cases as long as they wish.
In reality, this means that most workers who are injured on the job are never paid the compensation they should receive, particularly in cases in which the employer has clearly been negligent. Workers who are injured on the job due to employer negligence often receive the very minimum of medical treatment and lost wages prescribed by worker’s compensation law, while the negligent employer escapes having to pay the full costs of the injury.
In order to level the playing field, the law firm of David & Philpot, P.L., has filed an action asking that the court declare the current statutes which restrict lawyers from being fairly paid as unconstitutional. It is the hope of David & Philpot attorneys that this suit will bring attention to the inherent unfairness and inequity in these laws and lead to changes in the current statutes.
The workers compensation attorneys at David & Philpot, P.L. have been representing victims of workplace accidents for over 20 years. We have workers compensation lawyers on staff who have worked for the big insurance companies in the past. We know how the insurance companies defend cases and use that experience to protect the rights of our clients. If you have been involved in a workplace accident that was the result of employer negligence, fill out our free case evaluation form, or contact us directly at 800.360.7015. We are here to help!