Workers’ compensation attorneys often charge only if they win, and most states cap their costs.
If you’ve been injured or become unwell at work, you may be contemplating hiring a workers’ compensation attorney. An expert attorney can assist you in gathering medical evidence to support your claim, negotiating a fair settlement, and representing you at your workers’ compensation hearing or on appeal. In summary, employing a workers’ compensation lawyer increases your chances of collecting workers’ compensation payments.
When to Hire a Workers’ Compensation Attorney
If your claim is basic, easy, and cheap in value, you may be able to handle it yourself. However, if any of the following apply to you, you must consult a workers’ compensation lawyer:
Your employer denies your workers’ compensation claim.
Medical evidence does not strongly back your argument.
Your claim is valuable, or you have sustained lasting or life-altering damage.
You’ve been given a settlement but aren’t sure whether you should take it.
Your claim has been refused, and you must file an appeal.
If you engage an attorney to defend you in any of these instances, you will have a significantly higher chance of winning your case.
Fees for Workers’ Compensation Attorneys
It’s critical that you understand the expenses of hiring a lawyer. Workers’ compensation lawsuits, like other personal injury cases, are often handled on a “contingency fee” basis by lawyers. That is, if you win your case, your attorney will earn a portion of your workers’ compensation payments or settlement. There is no cost if you lose.
Contingency fee agreements, by reducing the need for large upfront payments, provide all injured employees, especially those with modest financial means, the opportunity to get professional legal counsel. They also create a significant incentive for lawyers to get the best possible outcome for their clients.
Attorneys’ fees in workers’ compensation disputes are strictly regulated by state laws or regulations. Many states limit the amount an attorney may charge and require approval of the fees by the workers’ compensation judge or appeals board.
Workers’ Compensation Attorney Fees in the State
The rules and regulations governing attorney fees differ from state to state. In general, the fee must be approved by the court before the lawyer is paid, taking into consideration the complexity of the case, the time and labor required, the amount of benefits given, and the ultimate outcome. Many states limit the percentage and/or total amount of fees that lawyers may charge. Depending on the intricacy of the case, the maximum percentages often vary from roughly 10% to 20%. However, other states have greater or no caps at all. A matter that is resolved before to an administrative hearing will, in general, deserve a smaller percentage fee than one that needs a hearing or even a trial in circuit court.
According to a countrywide study, injured workers’ attorneys got an average of 15% of their workers’ compensation settlements or awards. According to the same report, injured employees who retained lawyers earned 30% more compensation than those who pursued their claims without legal assistance.
Many jurisdictions ban attorneys from collecting fees for obtaining regular benefits, such as medical bills or lost earnings that have not been contested by the employer or insurance. Additionally, states may enable lawyers to seek a court to force the opposing party to pay extra costs in specific circumstances, such as when the employer or insurance engaged in gross misbehavior, created needless delays, or refused to pay benefits that had already been granted. The percentage restrictions under state legislation do not apply to these fees (also known as fines or penalties) since they are not deducted from your pay.
Can You Agree on Workers’ Compensation Attorney Fees?
During your first session, your attorney should clearly explain the costs you will be charged. Lawyers often charge that amount in places where attorneys’ fees in workers’ compensation lawsuits are capped. Nonetheless, you have the option of asking an attorney to handle your case for less than the maximum permissible price; it never hurts to try. However, before signing the representation and fee agreements, be sure to discuss the rates.
Charges for Case-Related Expenses
Workers’ compensation lawsuits require additional out-of-pocket expenses in addition to legal fees. Among the most prevalent costs are:
Filing fees, fees for copies of medical records, fees for doctors who undertake independent medical exams, deposition charges, the attorney’s travel expenses, and copying and postal costs are all incurred.
The normal price agreement does not cover these expenses. Most legal firms will cover these charges as they arise, but you will most likely be required to refund the firm if you win your case. Some attorneys collect fees even if you lose your case.
Before you sign an expense agreement with your lawyer, be sure you understand what it covers, if the attorney would front the fees, and when you must pay them back. You should also attempt to get an estimate of the average bill for costs in a situation similar to yours.
For a free first consultation, contact an attorney.
Workers’ compensation is a convoluted system, and insurance companies will do whatever to reduce their costs by refusing or lowering payouts. They like it when wounded workers attempt to represent themselves. If you’re considering submitting a workers’ compensation claim or if your claim has been refused, call an expert attorney for a free consultation. Having an attorney on your side increases your chances of receiving the rewards you deserve. Even after lawyers’ costs are taken from your judgment or settlement, you will almost certainly get more money than if you attempted to navigate the system on your own.