Attorney Fees in Workers' Compensation Cases
Workers’ compensation attorneys, like most injury attorneys, work on a contingency fee basis. This means that their fee is contingent upon the success of your case. If you win, your attorney is paid a percentage of what you are able to recover. If you lose, there is no fee.
Anyone can afford an attorney in a contingency fee case. So while you should be knowledgeable about the fee you are paying, it should not be a barrier. You do not have to pay anything upfront, and if you lose you pay nothing. Not only can you afford a workers’ compensation attorney no matter what your financial situation, you can afford to hire an attorney who has years of experience and an excellent reputation.
Every state puts a cap on what lawyers can charge for representing an injured worker in a workers’ compensation claim. Most are 20% although some are less and some are more.
Make sure to discuss fees with your attorney at the beginning of your claim. If you are meeting with an attorney for an initial consultation, it’s an appropriate question to ask. Make sure to understand when fees will be charged and what percentage your attorney will charge. If an attorney is not open and clear about fees, it is a reason to get a second opinion.
Hiring an attorney is especially important if your case is disputed or if you are negotiating settlement with the insurance company. It’s safe to say that attorneys pay for themselves as we almost never see a situation where someone gets more without a lawyer than they do with one. The reality is that the insurance company will try to settle your claim for much less if you aren’t represented by an attorney. It’s their goal to pay you as little as possible and in lots of accidents they choose to not offer anything at all. Without an experienced workers’ compensation attorney, you are at a disadvantage. In order to get the best and most fair settlement, you need someone who knows how insurance companies work and how they negotiate.
If you have suffered a work injury and you have questions about filing a claim, or if you aren’t getting the benefits you’re entitled to, speaking with an experienced workers’ compensation attorney can help. If you would like us to give you a referral please call toll free at 1 (800) 807-9530 for a confidential consultation or fill out our contact form and we will call you. We are workers’ compensation lawyers who have created a nation wide network of like minded attorneys who have experience and fight for their clients.