Q: Question about Florida Workers Compensation Lawyer MSA settlement
Does Florida law allow an Attorney to get a percentage of the MSA or only the cash settlement. IE; MSA $20,000 cash settlement $20,000 for total $40,000. Is contingency to Attorney all monies or only cash settlement
A: Yes. The law allows an attorney to be paid a percentage of any benefits secured and an MSA is a benefit secured for, and on behalf of, the injured worker.
Domenic J. Celeste agrees with this answer
A: I agree with Brian's answer. The percentage is taken on the total settlement, not just the amount after the MSA is deducted.
A: The attorney is entitled to be paid a fee on the total settlement amount, including but not limited to the amount of the MSA. Additionally, the attorney is entitled to be paid fees and costs apart from the settlement (typically paid by the Employer/Carrier/Servicing Agent} for a pre-petition deposition, IME, benefits obtained through litigation, etc. Those separate fees can be sought by approval of the Judge of Compensation Claims in a Stipulation submitted with the settlement or exclusive of a settlement.
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