Florida Statutes

Fla. Stat. § 440.34 (2025)

Attorney’s fees; costs.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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440.34 Attorney’s fees; costs.—

(1) A fee, gratuity, or other consideration may not be paid for a claimant in connection with any proceedings arising under this chapter, unless approved by the judge of compensation claims or court having jurisdiction over such proceedings. Any attorney’s fee approved by a judge of compensation claims for benefits secured on behalf of a claimant must equal to 20 percent of the first $5,000 of the amount of the benefits secured, 15 percent of the next $5,000 of the amount of the benefits secured, 10 percent of the remaining amount of the benefits secured to be provided during the first 10 years after the date the claim is filed, and 5 percent of the benefits secured after 10 years. The judge of compensation claims shall not approve a compensation order, a joint stipulation for lump-sum settlement, a stipulation or agreement between a claimant and his or her attorney, or any other agreement related to benefits under this chapter which provides for an attorney’s fee in excess of the amount permitted by this section. The judge of compensation claims is not required to approve any retainer agreement between the claimant and his or her attorney. The retainer agreement as to fees and costs may not be for compensation in excess of the amount allowed under this subsection or subsection (7).

(2) In awarding a claimant’s attorney’s fee, the judge of compensation claims shall consider only those benefits secured by the attorney. An attorney is not entitled to attorney’s fees for representation in any issue that was ripe, due, and owing and that reasonably could have been addressed, but was not addressed, during the pendency of other issues for the same injury. The amount, statutory basis, and type of benefits obtained through legal representation shall be listed on all attorney’s fees awarded by the judge of compensation claims. For purposes of this section, the term “benefits secured” does not include future medical benefits to be provided on any date more than 5 years after the date the claim is filed. In the event an offer to settle an issue pending before a judge of compensation claims, including attorney’s fees as provided for in this section, is communicated in writing to the claimant or the claimant’s attorney at least 30 days prior to the trial date on such issue, for purposes of calculating the amount of attorney’s fees to be taxed against the employer or carrier, the term “benefits secured” shall be deemed to include only that amount awarded to the claimant above the amount specified in the offer to settle. If multiple issues are pending before the judge of compensation claims, said offer of settlement shall address each issue pending and shall state explicitly whether or not the offer on each issue is severable. The written offer shall also unequivocally state whether or not it includes medical witness fees and expenses and all other costs associated with the claim.

(3) If any party should prevail in any proceedings before a judge of compensation claims or court, there shall be taxed against the nonprevailing party the reasonable costs of such proceedings, not to include attorney’s fees. A claimant is responsible for the payment of her or his own attorney’s fees, except that a claimant is entitled to recover an attorney’s fee in an amount equal to the amount provided for in subsection (1) or subsection (7) from a carrier or employer:

(a) Against whom she or he successfully asserts a petition for medical benefits only, if the claimant has not filed or is not entitled to file at such time a claim for disability, permanent impairment, wage-loss, or death benefits, arising out of the same accident;

(b) In any case in which the employer or carrier files a response to petition denying benefits with the Office of the Judges of Compensation Claims and the injured person has employed an attorney in the successful prosecution of the petition;

(c) In a proceeding in which a carrier or employer denies that an accident occurred for which compensation benefits are payable, and the claimant prevails on the issue of compensability; or

(d) In cases where the claimant successfully prevails in proceedings filed under s. 440.24 or s. 440.28.

Regardless of the date benefits were initially requested, attorney’s fees shall not attach under this subsection until 30 days after the date the carrier or employer, if self-insured, receives the petition.

(4) In such cases in which the claimant is responsible for the payment of her or his own attorney’s fees, such fees are a lien upon compensation payable to the claimant, notwithstanding s. 440.22.

(5) If any proceedings are had for review of any claim, award, or compensation order before any court, the court may award the injured employee or dependent an attorney’s fee to be paid by the employer or carrier, in its discretion, which shall be paid as the court may direct.

(6) A judge of compensation claims may not enter an order approving the contents of a retainer agreement that permits placing any portion of the employee’s compensation into an escrow account until benefits have been secured.

(7) If an attorney’s fee is owed under paragraph (3)(a), the judge of compensation claims may approve an alternative attorney’s fee not to exceed $1,500 only once per accident, based on a maximum hourly rate of $150 per hour, if the judge of compensation claims expressly finds that the attorney’s fee amount provided for in subsection (1), based on benefits secured, fails to fairly compensate the attorney for disputed medical-only claims as provided in paragraph (3)(a) and the circumstances of the particular case warrant such action.

History.—s. 34, ch. 17481, 1935; CGL 1936 Supp. 5966(34), 8135(11); s. 11, ch. 20672, 1941; ss. 17, 35, ch. 69-106; s. 365, ch. 71-136; s. 119, ch. 71-355; s. 18, ch. 75-209; s. 9, ch. 77-290; ss. 10, 23, ch. 78-300; ss. 27, 124, ch. 79-40; ss. 15, 21, ch. 79-312; s. 14, ch. 80-236; s. 12, ch. 83-305; s. 4, ch. 86-171; ss. 19, 43, ch. 89-289; ss. 29, 56, ch. 90-201; ss. 27, 52, ch. 91-1; s. 32, ch. 91-46; s. 3, ch. 91-47; s. 252, ch. 91-224; s. 34, ch. 93-415; s. 120, ch. 97-103; s. 21, ch. 2001-91; s. 13, ch. 2002-236; s. 26, ch. 2003-412; s. 1, ch. 2009-94.

Arrestable Offenses under F.S. 440.34

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§440.34GRATUITYREMOVEDM · 2nd

Notes of Decisions

Cited in 635 cases (8 in the last 5 years), 1944–2026 · leading case: Marvin Castellanos v. Next Door Co., 192 So. 3d 431 (Fla. 2016).

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Marvin Castellanos v. Next Door Co., 192 So. 3d 431 (Fla. 2016). · cites it 85× “Considering that the right of a claimant to obtain a reasonable attorney’s fee has been a critical feature of the workers’ compensation law, we conclude that the mandatory fee schedule in section 440.”

Murray v. Mariner Health, 994 So. 2d 1051 (Fla. 2008). · cites it 25× “(codified at § 440.34, Fla. Stat. (1977)) (additions underlined; deletions struck through).”

Lundy v. Four Seasons Ocean Grand Palm Bch., 932 So. 2d 506 (Fla. 1st DCA 2006). · cites it 33× “Nowhere, however, does section 440.34 define the term "reasonable," nor have I found any language in it suggesting that the legislature intended to replace the ordinary definition given it, meaning "fair, proper, or moderate under the circumstances," or "[a]ccording to reason.”

Fla. Erection Serv. Inc. v. Mcdonald, 395 So. 2d 203 (Fla. 1st DCA 1981). · cites it 14× “Section 440.34 provides that no attorney's fees may be paid for services rendered for a claimant in connection with any proceedings under the law unless approved as reasonable by the deputy commissioner, or the court having jurisdiction over such proceedings.”

Ship Shape v. Taylor, 397 So. 2d 1199 (Fla. 1st DCA 1981). · cites it 27× “The claimant's accident occurred after the effective date of the 1979 amendments to § 440.34, Fla. Stat. Prior to those amendments, the authority for appellate awards of attorney's fees was the following statutory language: "If any proceedings are had for review of any claim,…”

East Coast Tire Co. v. Denmark, 381 So. 2d 336 (Fla. 1st DCA 1980). · cites it 26× “The appeal presents issues of first impression and requires judicial construction of § 440.34, Fla. Stat. (1979). Claimant was injured on September 12, 1979, and consulted and retained counsel on September 28, 1979.”

Ohio Cas. Grp. v. Parrish, 350 So. 2d 466 (Fla. 1977). · cites it 16× “The language of Section 440.34, Florida Statutes (1975), articulates the policy that the claimant should not be required to pay his own legal fees in attempting to retain past benefits paid or future benefits already determined to be forthcoming.”

Wood v. Florida Rock Indus., 929 So. 2d 542 (Fla. 1st DCA 2006). · cites it 20× “The JCC concluded a sanction was appropriate, and found a 0.00 attorney's fee award was sufficient to deter repetition of the violation.”

Jacobson v. Se. Pers. Leasing, Inc., 113 So. 3d 1042 (Fla. 1st DCA 2013). · cites it 25× “Section 440.34, Florida Statutes (2007), generally governs attorney’s fees and costs in the workers’ compensation context.”

Sam Rogers Enter. v. Williams, 401 So. 2d 1388 (Fla. 1st DCA 1981). · cites it 21× “Under § 440.34(2), any payment of attorney's fees that is required by subsection (b) may not "be recouped, directly or indirectly, by any carrier in the rate base, premium, or any rate filing.”

Rosenthal, Levy & Simon, P.A. v. Scott, 17 So. 3d 872 (Fla. 1st DCA 2009). · cites it 21× “See § 440.34(1), Fla. Stat. (2003) (stating claimant-paid fees based on benefits secured must equal set percentage).”

Punsky v. Clay Cnty. Bd. of Cnty. Commissioners, 60 So. 3d 1088 (Fla. 1st DCA 2011). · cites it 12× “Thereafter, the employer and carrier, as the prevailing parties, filed a motion pursuant to section 440.34(3), Florida Statutes (2004), seeking to tax costs, representing that they had incurred ,622.”

Show all 635 citing cases →

— 440.34(1) — 194 cases

Marvin Castellanos v. Next Door Co., 192 So. 3d 431 (Fla. 2016). “Considering that the right of a claimant to obtain a reasonable attorney’s fee has been a critical feature of the workers’ compensation law, we conclude that the mandatory fee schedule in section 440.”

Lundy v. Four Seasons Ocean Grand Palm Bch., 932 So. 2d 506 (Fla. 1st DCA 2006). “Nowhere, however, does section 440.34 define the term "reasonable," nor have I found any language in it suggesting that the legislature intended to replace the ordinary definition given it, meaning "fair, proper, or moderate under the circumstances," or "[a]ccording to reason.”

Murray v. Mariner Health, 994 So. 2d 1051 (Fla. 2008). “(codified at § 440.34, Fla. Stat. (1977)) (additions underlined; deletions struck through).”

East Coast Tire Co. v. Denmark, 381 So. 2d 336 (Fla. 1st DCA 1980). “The appeal presents issues of first impression and requires judicial construction of § 440.34, Fla. Stat. (1979). Claimant was injured on September 12, 1979, and consulted and retained counsel on September 28, 1979.”

Ohio Cas. Grp. v. Parrish, 350 So. 2d 466 (Fla. 1977). “The language of Section 440.34, Florida Statutes (1975), articulates the policy that the claimant should not be required to pay his own legal fees in attempting to retain past benefits paid or future benefits already determined to be forthcoming.”

— 440.34(1)(3)(7) — 1 case

Rafael Cruz-Ramirez v. Am. Airlines & Sedgwick, 200 So. 3d 267 (Fla. 1st DCA 2016).

— 440.34(1)(a) — 14 cases

Jackson v. Ryan's Fam. Steak House, 27 So. 3d 90 (Fla. 1st DCA 2009).

M. Serra Corp. v. Garcia, 426 So. 2d 1118 (Fla. 1st DCA 1983).

Spaulding v. Albertson's, Inc., 610 So. 2d 721 (Fla. 1st DCA 1992).

What an Idea, Inc. v. Sitko, 505 So. 2d 497 (Fla. 1st DCA 1987).

Mirlisena v. Chemlawn Corp., 567 So. 2d 986 (Fla. 1st DCA 1990).

— 440.34(1)(c) — 1 case

What an Idea, Inc. v. Sitko, 505 So. 2d 497 (Fla. 1st DCA 1987).

— 440.34(1)(e) — 1 case

Regal Wood Prods. v. Baschansci, 603 So. 2d 551 (Fla. 1st DCA 1992).

— 440.34(1)(h) — 1 case

Mirlisena v. Chemlawn Corp., 567 So. 2d 986 (Fla. 1st DCA 1990).

— 440.34(2) — 53 cases

Fla. Erection Serv. Inc. v. Mcdonald, 395 So. 2d 203 (Fla. 1st DCA 1981). “Section 440.34 provides that no attorney's fees may be paid for services rendered for a claimant in connection with any proceedings under the law unless approved as reasonable by the deputy commissioner, or the court having jurisdiction over such proceedings.”

Michels v. Orange Cnty. Fire/Rescue, 819 So. 2d 158 (Fla. 1st DCA 2002).

Rosenthal, Levy & Simon, P.A. v. Scott, 17 So. 3d 872 (Fla. 1st DCA 2009). “See § 440.34(1), Fla. Stat. (2003) (stating claimant-paid fees based on benefits secured must equal set percentage).”

— 440.34(2)(a) — 18 cases

Gunn's Quality Glass & Mirrors, Inc. v. Strode, 425 So. 2d 73 (Fla. 1st DCA 1982).

Exceptional Child.'s Home, Etc. v. Fortuna, 414 So. 2d 1130 (Fla. 1st DCA 1982).

State of Florida/Sunland Ctr. v. Campbell, 451 So. 2d 939 (Fla. 1st DCA 1984).

Landers Const. v. Delauder, 417 So. 2d 989 (Fla. 1st DCA 1981).

— 440.34(2)(b) — 31 cases

Sam Rogers Enter. v. Williams, 401 So. 2d 1388 (Fla. 1st DCA 1981). “Under § 440.34(2), any payment of attorney's fees that is required by subsection (b) may not "be recouped, directly or indirectly, by any carrier in the rate base, premium, or any rate filing.”

Winter Garden Citrus v. Parrish, 438 So. 2d 472 (Fla. 1st DCA 1983).

Layne Atl. Co. v. Scott, 415 So. 2d 837 (Fla. 1st DCA 1982).

Embry-riddle Aeronautical v. Vestal, 399 So. 2d 1033 (Fla. 1st DCA 1981).

— 440.34(2)(c) — 23 cases

Dolphin Tire Co. v. Ellison, 402 So. 2d 36 (Fla. 1st DCA 1981).

Ardmore Farms, Inc. v. Squires, 395 So. 2d 268 (Fla. 1st DCA 1981).

Sanlando Util. Corp. v. Morris, 418 So. 2d 389 (Fla. 1st DCA 1982).

Rusty Pelican Restaurant v. Garcia, 437 So. 2d 754 (Fla. 1st DCA 1983).

— 440.34(2)(e) — 1 case

City of Tampa v. Kopkau, 429 So. 2d 381 (Fla. 1st DCA 1983).

— 440.34(3) — 122 cases

Punsky v. Clay Cnty. Bd. of Cnty. Commissioners, 60 So. 3d 1088 (Fla. 1st DCA 2011). “Thereafter, the employer and carrier, as the prevailing parties, filed a motion pursuant to section 440.34(3), Florida Statutes (2004), seeking to tax costs, representing that they had incurred ,622.”

Murray v. Mariner Health, 994 So. 2d 1051 (Fla. 2008). “(codified at § 440.34, Fla. Stat. (1977)) (additions underlined; deletions struck through).”

Jacobson v. Se. Pers. Leasing, Inc., 113 So. 3d 1042 (Fla. 1st DCA 2013). “Section 440.34, Florida Statutes (2007), generally governs attorney’s fees and costs in the workers’ compensation context.”

Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla. 2005).

— 440.34(3)(a) — 46 cases

Allen v. Tyrone Square 6 AMC Theaters, 731 So. 2d 699 (Fla. 1st DCA 1999).

Mylock v. Champion Intern., 906 So. 2d 363 (Fla. 1st DCA 2005).

Luces v. Red Ventures, 140 So. 3d 999 (Fla. 1st DCA 2014).

Murray v. Mariner Health, 994 So. 2d 1051 (Fla. 2008). “(codified at § 440.34, Fla. Stat. (1977)) (additions underlined; deletions struck through).”

Chandler v. Centex Rooney Constr. Co., 15 So. 3d 837 (Fla. 1st DCA 2009).

— 440.34(3)(a)(d) — 1 case

Wells Fargo Armored Servs. v. Lee, 692 So. 2d 284 (Fla. 1st DCA 1997).

— 440.34(3)(b) — 103 cases

Baptist Manor Nursing Home v. Madison, 658 So. 2d 1228 (Fla. 1st DCA 1995).

City of Crestview v. Howard, 657 So. 2d 73 (Fla. 1st DCA 1995).

Volusia Mem'l Park v. White, 549 So. 2d 1114 (Fla. 1st DCA 1989).

Mitchell v. Sunshine Companies, 850 So. 2d 632 (Fla. 1st DCA 2003).

Rivers v. SCA Servs. of Florida, Inc., 488 So. 2d 873 (Fla. 1st DCA 1986).

— 440.34(3)(c) — 35 cases

Gulledge v. Dion Oil Co., 605 So. 2d 482 (Fla. 1st DCA 1992).

Great Dane Trailers v. Flis, 435 So. 2d 931 (Fla. 1st DCA 1983).

Samper v. WB Johnson Props., Inc., 481 So. 2d 88 (Fla. 1st DCA 1986).

Barr v. Pantry Pride, 518 So. 2d 1309 (Fla. 1st DCA 1987).

Arnold Lumber Co. v. Harris, 503 So. 2d 925 (Fla. 1st DCA 1987).

— 440.34(3)(d) — 2 cases

Jennings v. Habana Health Care Ctr., 183 So. 3d 1131 (Fla. 1st DCA 2015).

King v. Parker Hannifin Corp., 17 So. 3d 785 (Fla. 2d DCA 2009).

— 440.34(3)(e) — 2 cases

Carrillo v. Case Eng'g, Inc., 53 So. 3d 1214 (Fla. 1st DCA 2011).

Florida Hosp. v. Taylor, 784 So. 2d 601 (Fla. 1st DCA 2001).

— 440.34(4) — 9 cases

Rosenthal, Levy & Simon, P.A. v. Scott, 17 So. 3d 872 (Fla. 1st DCA 2009). “See § 440.34(1), Fla. Stat. (2003) (stating claimant-paid fees based on benefits secured must equal set percentage).”

Samaha v. State, 389 So. 2d 639 (Fla. 1980).

Zarahn v. City of Milton, 433 So. 2d 41 (Fla. 1st DCA 1983).

— 440.34(4)(a) — 1 case

Wekiwa Concrete v. Reddick, 396 So. 2d 832 (Fla. 1st DCA 1981).

— 440.34(5) — 33 cases

Ship Shape v. Taylor, 397 So. 2d 1199 (Fla. 1st DCA 1981). “The claimant's accident occurred after the effective date of the 1979 amendments to § 440.34, Fla. Stat. Prior to those amendments, the authority for appellate awards of attorney's fees was the following statutory language: "If any proceedings are had for review of any claim,…”

Holiday Care Ctr. v. Scriven, 418 So. 2d 322 (Fla. 1st DCA 1982).

Murray v. Mariner Health, 994 So. 2d 1051 (Fla. 2008). “(codified at § 440.34, Fla. Stat. (1977)) (additions underlined; deletions struck through).”

Lehigh Corp. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981).

— 440.34(5)(a) — 2 cases

Samaha v. State, 389 So. 2d 639 (Fla. 1980).

Wekiwa Concrete v. Reddick, 396 So. 2d 832 (Fla. 1st DCA 1981).

— 440.34(6) — 2 cases

Genelus v. Boran, Craig, Schreck Const. Co., 438 So. 2d 964 (Fla. 1st DCA 1983).

Palm Beach Cnty. Sch. Bd. v. Paulk, 705 So. 2d 37 (Fla. 1st DCA 1997).

— 440.34(7) — 8 cases

Kelly Paton v. Geico Gen. Ins. Co., 190 So. 3d 1047 (Fla. 2016).

Anderson Columbia v. Brown, 902 So. 2d 838 (Fla. 1st DCA 2005).

Wood v. Florida Rock Indus., 929 So. 2d 542 (Fla. 1st DCA 2006). “The JCC concluded a sanction was appropriate, and found a 0.00 attorney's fee award was sufficient to deter repetition of the violation.”

Kauffman v. Cmty. Inclusions, Inc., 57 So. 3d 919 (Fla. 1st DCA 2011).

— 440.34(a) — 1 case

Zabik v. Palm Beach Cnty. Sch. Dist., 901 So. 2d 887 (Fla. 1st DCA 2005).

— 440.34(b) — 1 case

What an Idea, Inc. v. Sitko, 505 So. 2d 497 (Fla. 1st DCA 1987).

— 440.34(c) — 1 case

Rivendell of Ft. Walton v. Petway, 833 So. 2d 292 (Fla. 1st DCA 2002).

— 440.34(f) — 1 case

E. Indus., Inc. v. Burnham, 750 So. 2d 748 (Fla. 1st DCA 2000).

— 440.34(l) — 4 cases

Jackson v. Ryan's Fam. Steak House, 27 So. 3d 90 (Fla. 1st DCA 2009).

Von Hartman v. Publix Supermarkets, 534 So. 2d 938 (Fla. 1st DCA 1988).

Mele v. Superior Pontiac GMC, Inc., 536 So. 2d 348 (Fla. 1st DCA 1988).

P. Tavilla Co. v. Sandoval, 469 So. 2d 937 (Fla. 1st DCA 1985).

— 440.34(l)(a) — 10 cases

Jackson v. Ryan's Fam. Steak House, 27 So. 3d 90 (Fla. 1st DCA 2009).

Lord v. Santa Rosa Corr. Inst., 135 So. 3d 1170 (Fla. 1st DCA 2014).

Rolle v. Metro. Dade Cnty., 642 So. 2d 100 (Fla. 1st DCA 1994).

Royal Servs., Inc. v. Smith, 605 So. 2d 588 (Fla. 1st DCA 1992).

Cohen v. T & M Auto Serv., 542 So. 2d 452 (Fla. 1st DCA 1989).

— 440.34(l)(b) — 1 case

McDermott v. United Parcel Serv./Liberty Mut., 57 So. 3d 933 (Fla. 1st DCA 2011).

— 440.34(l)(d) — 1 case

Brown v. Jupiter Hosp., 695 So. 2d 406 (Fla. 1st DCA 1997).

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