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Im Having a hard time finding a good ethical Workers Comp lawyer in Miami, Florida that does not have all these IN ADDITION FEES

Miami, FL |

THAT DONT EXCEED THE 33 1/3%. Please help me if you know of a good workers comp lawyer that does NOT have all these fees that will eventually take majority of your money. Thanks In advance!!

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Attorney answers 5

Posted

All of the fees and costs that you mentioned in the comments you left after Mr. Harvey's answer are provided for in the law and are potentially available, if earned by the attorney (except perhaps the $300/hr... not sure what that's for). Except for the percentage of the fee for a general release (and maybe that mysterious $300/hr), they all must be approved as reasonable by the JCC, the W/C judge, who will review paperwork submitted in support of the fees and costs claimed by the attorney. If they do not appear to be based on benefits seccured as the result of the attorney's efforts, the JCC will likely not approve them.

Asker

Posted

THANKYOU FOR BEING HONEST, I APPRECIATE IT.

Posted

There are statutory caps on fees in WC cases. Call around or contact my office to discuss more. 1/3 fees are generally for non WC issues, usually personal injuries.

Asker

Posted

CAN YOU ADVISE ME IF THIS IS NORMAL. I MET WITH LAWYER TODAY THAT IS CHARGING IN ADDITION TO THE 20% 15% 10% HE IS ALSO CHARGING 1,500 ON PETITION FOR MEDICAL BENIFITS ALSO BENIFITS AND INDEMNITY DURING TIME OF REPRESENTATION IN ADDITION TO SETTLEMENTS OBTAINED.ALSO IN ADDITION I HAVE TO AGREE TO PAY MY ATTORNEY OF UP TO 33 1/3 OF ANY RECOVERY UP TO $1 MILLION FOR A GENERAL RELEASE AND RESIGNATION AGREEMENT- IN ADDITION TO 300 PER HOUR IN ADDITION TO COST I HAVE TO AGREE TO REIMBURSE MY ATTORNEY FOR ALL COSTS ASSOCIATED WITH THE PROSECUTION OF MY CLAIM TO THE EXTENT THAT THESE COSTS ARE NOT RECOVERES FROM THE EMPLOYER OR ITS CARRIER, REGARDLESS OF THE OUTCOME OF CLAIM. NOW CAN YOU PLEASE INFORM ME ON IS THIS NORMAL OR IS THIS LAW FIRM SHOULD HAVE A QUESTION MARK BY IT? PLEASE ADVISE?

Don Paul Harvey

Don Paul Harvey

Posted

I am guessing, without looking at the contract, the $300/hr is if you terminate his services and at what rate of attorney time he would have in on the case until then. Yes, $1500 med only fee is standard, but usually paid by the E/C/SA if he obtains a medical benefit they wrongfully denied. 20/15/10 is standard. The 33 1/3% also is quite common as it relates to GR/resignation, etc. Most of the time that GR is for a nominal amount, unless something else is going on in the case (ie, $100-$300). The charge for indemnity during your case means he is escrowing for benefits obtained and/or charging at the end for benefits obtained during representation as part of the 20/15/10.

Asker

Posted

NO THE $300 WAS IN ADDITION , AND 331/3% ON GENERAL RELEASE IS NOT REALLY COMMON TO ME IF THERE ARE ALREADY THE 20/15/10. I SEE WHY PEOPLE RATHER REPRESENT THEMSELVES!

Don Paul Harvey

Don Paul Harvey

Posted

Hmmm...sounds like an "administrative cost" charge for non-taxable, which I believe the Bar has said is a no-no. I'd be interested in reading a copy of it. Call around some more or give me a ring b/f signing anything.

Posted

You really need to be better informed. Good luck.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

Asker

Posted

I MET WITH LAWYER TODAY THAT IS CHARGING IN ADDITION TO THE 20% 15% 10% HE IS ALSO CHARGING 1,500 ON PETITION FOR MEDICAL BENIFITS ALSO BENIFITS AND INDEMNITY DURING TIME OF REPRESENTATION IN ADDITION TO SETTLEMENTS OBTAINED.ALSO IN ADDITION I HAVE TO AGREE TO PAY MY ATTORNEY OF UP TO 33 1/3 OF ANY RECOVERY UP TO $1 MILLION FOR A GENERAL RELEASE AND RESIGNATION AGREEMENT- IN ADDITION TO 300 PER HOUR IN ADDITION TO COST I HAVE TO AGREE TO REIMBURSE MY ATTORNEY FOR ALL COSTS ASSOCIATED WITH THE PROSECUTION OF MY CLAIM TO THE EXTENT THAT THESE COSTS ARE NOT RECOVERES FROM THE EMPLOYER OR ITS CARRIER, REGARDLESS OF THE OUTCOME OF CLAIM. NOW CAN YOU PLEASE INFORM ME ON IS THIS NORMAL OR IS THIS LAW FIRM SHOULD HAVE A QUESTION MARK BY IT? PLEASE ADVISE?

Posted

All WC lawyers charge the exact same amount since the State law regulates strictly how much can be charged and requires the Judge of Compensation Claims to approve any fee. These fees are no where close to 33%. Perhaps your lawyer is not filing a workers compensation claim but rather filing a lawsuit in Circuit Court against your employer alleging negligence or gross negligence? As far as ethics are concerned, it is my opinion that WC lawyers in Miami-Dade are, generally speaking, more professional and knowledgeable than many others in Florida who practice workers compensation on a 'part-time" basis along with other areas of law.
Robert Shapiro

Asker

Posted

THANKS FOR YOUR HONESTY.

Posted

Attorneys fees in workers compensation cases do not work that way. Personal injury cases do. Often times there is someone other than your employer that is negligent and you can make a claim against them. Perhaps that is what an attorney was telling you that you could do. Or maybe your employer did not have a workers compensation insurance and the attorney wants to sue your employer for negligence (not providing worker's comp coverage to its employees makes them liable in a normal personal injury case). You need to speak to a worker's compensation attorney and/or a personal injury attorney like myself to see what your options are. There are many good worker's compensations attorneys here in Miami.

Todd is a partner at the law firm of Stabinski & Funt, P.A., specializing in accident and insurance claims. Stabinski & Funt has been serving South Florida for over 42 years. Todd can be reached at ts@stabinski-funt.com or by phone toll free (877)48-CLAIM. This is not to be considered legal advice nor does an attorney-client relationship exist. www.stabinski-funt.com

Asker

Posted

I WORK FOR STATE OF FL IT IS A WORKERS COMP CLAIM NOT PERSONAL INJURY. I WASNT ABLE TO DO BOTH UNLESS MY EMPLOYEER INTENTIONALL TRYED TO HURT ME.

Asker

Posted

THESE WERE ALL THE FEES IN CONTRACT THAT I SIGNED, HOWEVER I DID CANCEL CONTRACT THE SAME DAY I SIGNED CONTRACT.

Todd J Stabinski

Todd J Stabinski

Posted

You are correct that you can only sue your employer in the most serious situations, and even then it is extremely difficult (especially against the state). Even if there is no personal injury claim, I still recommend getting a lawyer. If you would like to discuss your claim with me, feel free to give me a call. I can recommend very good workers comp lawyers and I can also evaluate the case to see if anyone else may be liable (other than your employer).

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