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.Ask a similar question
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.Ask a similar question
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.Ask a similar question
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.
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 firstname.lastname@example.org 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.comAsk a similar question