Florida Democratic Senator, Dan Gelber has introduced SB 2280 to help level the playing field for injured workers in Florida.

During the Jeb Bush years, Florida’ Workers Compensation Laws were rewritten giving employers and insurance companies greater control over the injured workers access to medical care and further limiting the benefits that workers could qualify for.  Additionally, the legislature made changes to the law which were designed to discourage attorneys from accepting representation of injured workers.  Since October 1, 2003, when that law went into effect, many injured workers were unable to find attorneys to help them get workers compensation benefits when the insurance company chose to deny the claim.  Jeb Bush and the Republican led legislature placed no restrictions upon the employer or their insurance company’ ability to hire legal counsel to defend claims.

Recently, however, the Florida Supreme Court ruled that an attorney who successfully represented an injured worker against an employer or insurance company who wrongfully withheld workers compensation benefits may receive a reasonable fee for the work performed.  This ruling immediately prompted Anitere Flores, a Republican member of the House of Representatives for District 114 in Miami, to sponsor HB 903 which seeks to reverse the Supreme Court’s ruling.

The Bill sponsored by Dan Gelber would allow injured workers the ability to hire  knowledgeable attorneys to help them get the benefits they need and are legally entitled to.  Additionally, Gelber’ Bill also gives injured workers some limited additional compensation benefits while they receive vocational training.  The additional benefits allow a worker, who is unable to continue in his or her usual occupation because of the work accident, to receive some financial assistance to help pay for their living expenses while receiving education and retraining that will assist them in returning to the work force.

The lobbyists for big business and insurance companies are quick to argue that the restrictions they want to impose upon the workers rights to hire legal help are necessary to keep down costs.  In reality, however, the law only requires the employer or insurance company to pay for the worker’ attorney fees when the benefits were wrongfully withheld.