Workers' Compensation Benefits Eroding in Various States

An early 2009 Florida Supreme Court decision challenges a prior "cap" on attorney fees in workers' compensation cases in Florida. The Court held that an attorney representing an injured worker has a right to a "reasonable" fee.  Special interest groups succeeded in previous years in passing Florida legislation that "caps" attorney fees in workers' compensation claims under the guise that the measure would reduce insurance premiums and benefit the entire population.  Unfortunately, the Florida general public was not informed that their basic legal rights would be subsequently denied by insurance companies, and they would have no legal recourse as they would be unable to obtain legal counsel for representation due to the "cap".

The North Carolina general public is largely unaware that the insurance industry has also repeatedly tried to pass legislation in North Carolina to take away the public's legal remedies.  Such measures would include limits on recoveries in claims and likewise "cap" legal fees resulting in the inability to obtain an attorney.  The lesson of the circumstances in Florida (and many other states) is that you must be careful when casting your vote to ensure you are aware what the candidate truly supports/represents.  Furthermore, if you or a loved one is injured, you must seek appropriate legal representation to protect your legal rights.