Why a Florida Workers' Compensation Lawyer Might Be Unwanted
In Florida, workers' compensation claims can be complex, and not every attorney's strategy aligns with a claimant's goals. Whether you're seeking a faster settlement or disagree with legal tactics, you can terminate representation by following state‑specific procedures.
More from this site
Keep reading the latest coverage
Legal Basis for Termination
Florida Statutes § 440.054 allows a claimant to remove an attorney at any time, provided the removal is in writing and delivered to the attorney, the court, and the employer's insurer. The notice must state the reason, but Florida law does not require justification.
Steps to Remove Your Attorney
1. Draft a written notice of termination. 2. Sign and date the notice. 3. Deliver copies to:
- Your attorney
- The Workers' Compensation Division (WCD) office handling your claim
- The insurance company's claims department
What Happens After Removal?
The attorney must return any unspent client funds and provide a final accounting. If the claim is pending, the WCD will appoint a new attorney or allow you to find a replacement. If the claim has settled, the new counsel will manage any post‑settlement disputes.
Common Obstacles and How to Overcome Them
• Attorney's Refusal: Florida law obligates the attorney to comply with a written removal notice. If they ignore it, file a motion with the WCD. • Unpaid Fees: The attorney must provide a written statement of fees owed. If they dispute the amount, consider mediation or a small‑claims court. • Continuing Representation in Court: Even after removal, the attorney may continue to appear in court unless the WCD orders otherwise. File a request for removal from the docket.
Choosing a New Attorney
Seek a lawyer experienced in Florida workers' compensation. Verify their track record with the WCD, check state bar discipline records, and request references. A fresh attorney can review your file, assess settlement offers, and negotiate on your behalf.