The Florida Supreme Court issued its long awaited opinion in Castellanos v. Next Door Company, wherein the Court found that section 440.34, Florida Statutes, was unconstitutional and violated the injured employee’s equal protection rights. In the 55-page decision, the Court outlined why the legislature’s attempt to limit an employee’s ability to hire and pay for an attorney, when there was no limit on the right of the employer to hire or pay an attorney, improperly limited the employee’s ability to secure adequate and equal representation. As such, the Court struck down the unconstitutional statute, which in turn renewed the 2007 statute, which allows the employee’s attorney the ability to obtain a “reasonable fee” for their services.
At the Law Office of J.J. Talbott, we have never stopped representing injured workers, even after the legislature tried to limit the rights of employee attorneys and their ability to obtain a reasonable fee. We feel that the Supreme Court’s decision is fair, reasonable, and allows the employee access to quality representation. If you or a family member has been injured on the job, feel free to call us for a free consultation to discuss your rights at 850-437-9600.