Workers' Compensation Benefits Eroding in Various States

Posted by Christopher Shumate | Dec 16, 2012 | 0 Comments

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.

About the Author

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice


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