We have all heard the story of David and Goliath, wherein a young man is called upon to represent his people against a much more formidable and seasoned adversary. The odds were quite slim in being victorious but with faith in a higher power he was able to defeat his opponent. So true are the impediments associated with an injured worker who goes it alone (pro-se) or with inexperienced legal counsel in workers’ compensation cases.
There is no doubt that many big business and insurance companies may possess sufficient funds to hire excellent and experienced defense counsel in an area of law fraught with pitfalls. Thousands of these cases are litigated yearly. Yours may have been or is one of them.
For those of you who have experienced this, hopefully you felt some level of security with the lawyer(s) that you retained. As an aside only 200 attorneys, out of Florida’s 90,000+ attorneys carry the distinction of being Florida Bar Board Certified in Workers’ Compensation Law and many of these represent employers and insurance companies. However, do not despair as there are some “Davids” out there for you.
In an ever changing area of law you may have found it difficult to not only understand how this law works and what rights you possess, but in ever finding a lawyer who will take your case. What you may not know is that an injured workers attorney’s fee is strictly controlled by statute unlike virtually any other area of law, thus making it problematic for him/her to accept your case. Pro bono (i.e. free legal work) although necessary and important cannot be the rule, it is the exception.
For those of you who are currently seeking either free of charge advice or to retain legal counsel in your workers’ compensation case, we urge you to consult attorneys who specialize in this complex area of law. Those attorneys that put the rights of their clients before their personal monetary gain…Davids in other words.