Hiring a Workers' Compensation Lawyer in Florida
The limits on workers' comp lawyer fees in Florida, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Florida: fee rules
| Rules on contingency fees | Florida requires every contingent fee arrangement to be a written contract signed by the client and a lawyer for the firm, stating the percentages on settlement, trial or appeal and the costs deducted (and whether before or after the fee); the client gets a copy and, at the end, an itemized closing statement. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. In personal injury, wrongful death and property damage tort cases, the client must first receive and sign a Statement of Client's Rights, and the contract may be cancelled in writing within 3 business days. Without court approval, fees above these levels are presumed clearly excessive: before an answer is filed (or demand for arbitrators), 33 1/3% of any recovery up to $1 million, 30% of $1-2 million, and 20% above $2 million; after an answer through judgment, 40% up to $1 million, 30% of $1-2 million, 20% above $2 million; if all defendants admit liability and ask for trial on damages only, 33 1/3% up to $1 million, 20% of $1-2 million, 15% above $2 million; plus an additional 5% if an appeal or post-judgment action is needed. In medical liability cases the lawyer must also give the client the text of Florida Constitution article I, section 26 (which, unless waived, entitles the claimant to at least 70% of the first $250,000 of damages). |
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| If you disagree with a lawyer's bill | The Florida Bar's Legal Fee Arbitration Program is free and voluntary: either the lawyer or the client can start it, but both must consent by signing an Agreement to Arbitrate. An arbitrator hears testimony, reviews evidence and makes a final and binding decision. Consumer guide: https://www.floridabar.org/public/consumer/pamphlet009/ |
| If a lawyer takes your money | The Florida Bar Clients' Security Fund, financed by part of Bar members' dues, may provide discretionary relief to people who lost money because a Florida lawyer misappropriated it during an attorney-client relationship. The lawyer generally must have been suspended, disbarred or had a license revoked (or have died), and a grievance must be filed unless the lawyer was already disbarred, revoked or deceased. Limits: unearned fees up to $5,000 (only if no useful services were provided) and misappropriation up to $250,000; damages, expenses and lost interest are not paid, and negligence, malpractice and fee disputes are not covered. File within three years of the final disciplinary action or the lawyer's death; processing often takes more than 12 months, and theft claims are paid once a year (prorated if funds are short). |
Florida rules to know first
| Lawyer fee limits | In Florida no attorney's fee may be paid for a workers' comp claimant unless approved by the judge of compensation claims or the court. The approved fee equals 20% of the first $5,000 of benefits secured, 15% of the next $5,000, 10% of the remaining benefits to be provided during the first 10 years after the claim is filed, and 5% of benefits secured after 10 years. Free help: the Division of Workers' Compensation's Bureau of Employee Assistance and Ombudsman Office answers questions and helps resolve claim problems at no cost ((800) 342-1741). Ombudsman office: https://www.myfloridacfo.com/division/wc/employee/eao |
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| Deadline to file a claim | A petition for benefits is barred unless the employee has notified the employer of the injury and the petition is filed within two years after the employee knew or should have known that the injury or death was work-related. Each payment of wage-loss benefits or medical treatment extends the deadline to one year from that payment (except for disputes over compensability, maximum medical improvement or impairment). The time bar applies only if the insurer raises it in its first response to the petition. Source: Fla. Stat. § 440.19 |
| Deadline to challenge a denial | A disputed benefit is challenged by filing a petition for benefits with the Office of the Judges of Compensation Claims (and serving it on the employer and carrier). The petition is barred unless filed within 2 years after the worker knew or should have known the injury arose from work; paying an indemnity benefit or providing medical care extends the deadline to 1 year from that payment. A judge of compensation claims' order is appealed to the First District Court of Appeal, filed under the appellate rules set by the Florida Supreme Court. |
| Can you sue your employer? | Generally no: an employer's workers' comp liability is exclusive and replaces other liability to the worker and family. Exceptions: (1) if the employer failed to secure workers' comp as required, the worker may choose comp or a lawsuit, and the employer cannot defend by blaming a co-worker's negligence, assumption of risk or the worker's comparative negligence; and (2) an intentional tort, proven by clear and convincing evidence that the employer deliberately intended to injure the worker, or knew from prior similar accidents or explicit warnings that its conduct was virtually certain to cause injury or death and deliberately concealed or misrepresented the danger. Co-worker immunity does not apply to a co-worker who acts with willful and wanton disregard, unprovoked physical aggression or gross negligence. Source: Fla. Stat. § 440.11(1) |
| Suing someone other than your employer | Yes. An injured worker can collect workers' comp and at the same time sue a negligent third party. The employer or its insurer is subrogated to the worker's rights to the extent of benefits paid or to be paid; it may file a notice of payment in the worker's lawsuit, which becomes a lien on the judgment or settlement, generally to recover what it paid after its share of costs and attorney fees, reduced proportionally if the worker shows the recovery was less than the full value of damages. The worker must serve notice of the lawsuit on the employer and the comp carrier, and if the worker does not sue the third party within 1 year after the claim accrues, the employer or carrier may sue after giving 30 days' notice. Source: Fla. Stat. § 440.39(1)-(4) |
| Filing a claim online | In Florida, report a work-related injury or illness to your employer as soon as possible and no later than 30 days from the date of the accident (or from when a doctor tells you it is work-related); late reporting may result in the claim being denied. The employer should post its insurance carrier's information at the workplace, so you can contact the carrier yourself if needed; if it is not posted, the Division of Workers' Compensation's Employee Assistance and Ombudsman Office can help you get it. Help: (800) 342-1741 or (850) 413-1610, wceao@myfloridacfo.com. Employer coverage lookup linked from the page: https://dwcdataportal.fldfs.com/ProofOfCoverage.aspx |
Find and check a lawyer
| Lawyer referral service | The Florida Bar Lawyer Referral Service matches you with a lawyer based on your legal issue and location after you briefly describe your situation. "You can receive a 30-minute consultation for no more than $25." Call 800-342-8011 (weekdays 8:00 a.m.-5:30 p.m.) or use the online referral form, available 24/7. Local bar associations run nine referral services in Florida's major cities, and The Florida Bar handles referrals from all other areas. The service does not have pro bono lawyers. Coverage areas: https://www.floridabar.org/public/lrs/coverage-areas/ |
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| Check that the lawyer is licensed | The Florida Bar's member search ("Find a Member") lets you look up Florida lawyers by name, Bar number (exact match), city, county, state or country, with filters for eligible lawyers only, board certifications, practice areas, law schools and languages. Source: The Florida Bar, Find a Member |
| Check discipline history or file a complaint | The Florida Bar's Attorney/Consumer Assistance Program (ACAP) is a resource for people who want to discuss concerns about a lawyer's conduct: call 866-352-0707. To file a formal Bar complaint, download the complaint form, review the instructions and submit it as directed. The Bar publishes a monthly summary of disciplinary actions and instructions for viewing discipline documents. The Florida Bar: 651 E. Jefferson St., Tallahassee, FL 32399; 850-561-5600. Filing a complaint: https://www.floridabar.org/public/acap/filing-a-complaint/ ; Discipline documents: https://www.floridabar.org/public/acap/instructions/ |
Free legal help
| Free legal aid | Florida's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Bay Area Legal Services, Coast to Coast Legal Aid of South Florida, Community Legal Services of Mid-Florida, Florida Rural Legal Services, Legal Services of Greater Miami, Legal Services of North Florida and Three Rivers Legal Services. The Florida Bar's referral page also points people seeking free or low-cost help to Florida legal aid programs listed at fundingfla.org. Florida Bar LRS page: https://www.floridabar.org/public/lrs/ |
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All legal help in Florida · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.