Texas House Bill HB1871

Texas 2011 - 82nd Regular

• Out of House Committee: 4/28/11
• Voted on by House: 5/12/11
• Report Pass: 4/20/11
• Engrossed: 5/12/11
• Refer: 5/13/11

Caption

Relating to the amount and payment of attorney's fees in certain workers' compensation cases.

Impact

If enacted, HB 1871 would primarily affect the administration of workers' compensation claims in Texas. The modifications aim to ensure that employees or beneficiaries represented by attorneys have clear guidelines regarding the maximum fees that can be charged. This is intended to prevent excessive legal fees from potentially sidelining injured workers from receiving their entitled benefits. Furthermore, the bill applies only to claims arising from compensable injuries that occur on or after the effective date, preserving the existing laws for prior claims.

Summary

House Bill 1871 proposes amendments to Texas labor laws regarding the amount and payment of attorney's fees in certain workers' compensation cases. The bill stipulates that attorney's fees in such cases may not exceed 25 percent of the recovery amount for the claimant. This change aims to clarify and standardize the fee structure in workers' compensation claims, thereby providing a more predictable outcome for workers and their legal representatives. It emphasizes the importance of legal support in navigating the complexities of workers' compensation benefits.

Contention

There may be points of contention surrounding this bill, particularly from legal groups or attorneys who argue that the specified cap on fees might limit the financial viability of representing injured workers effectively. Critics may assert that, while a cap prevents excessive fees, it could also discourage lawyers from taking on cases that are more labor-intensive or complicated, potentially restricting access to justice for employees. Supporters of the bill, however, believe that the changes empower workers by protecting them from predatory legal practices.