What does it cost to hire a lawyer for my workers’ compensation case?
Workers’ compensation attorneys won’t charge you any money upfront, and their fees are lower than what other personal injury lawyers charge in civil cases.
If you are concerned about paying for an attorney to help you with your workers’ compensation claim, look for an attorney who will take your case on a contingency fee basis. In a contingency fee arrangement, the lawyer only charges a fee if successful in recovering benefits for you. If the lawyer can’t win for you, you don’t get charged any fee. Also, the lawyer’s fees will come out of the settlement or award, so you won’t have to pay any money upfront or out of pocket.
It is not hard to find a workers’ compensation attorney who will take your case on a contingency fee basis; this is the way most workers’ comp lawyers operate. In addition to the lawyer’s fee, you will want to ask about costs as well. Your attorney will incur costs in pursuing your claim and will want to be paid for these costs on top of any fee charged. Costs can be very small for items such as copying, postage and court filing fees, but they might become significant if the medical issues in your case are disputed and the lawyer needs to hire a medical expert, take depositions, etc. Some lawyers will advance the costs it takes to pursue your case and get reimbursed from the settlement, while others might bill you for costs as they are incurred. You will also want to know whether costs are deducted from the settlement before or after the contingency fee is calculated, and who is ultimately responsible for paying costs.
Contingency fees are limited by law and must be approved by the workers’ compensation judge
If you are worried that your lawyer might take too much of your workers’ compensation award, you needn’t be. Workers’ compensation contingency fees are capped by law in California at 15% of the award. In most cases, the lawyer’s fee is between 9 and 12%, but it won’t ever be more than 15%. This is considerably lower than a contingency fee in a personal injury case like a car accident, where the lawyer will typically take one-third of any settlement.
Lawyers have to submit their fee statement to the workers’ compensation judge for approval. Judges decide whether the fee is reasonable based on factors like the complexity of the case, the time involved, the work involved, and the result obtained.
There are also situations where your employer could be required to pay your attorney fees. One example is where the employer disputed your Permanent Disability rating when you didn’t have an attorney, but you got a lawyer and won your case. The employer would have to pay your attorney fees, and you would keep the full amount of your award. Another example is where the insurance company disputes the medical issues in your case but loses the argument. They can be forced to pay the costs related to the medical issue, which are typically the most expensive costs associated with a workers’ compensation case.
Contingency fees work for you
With a contingency fee, you never have to worry about being stuck with a legal bill you can’t afford to pay. Also, your lawyer has an incentive to get the biggest settlement possible; the financial interests of you and your attorney are aligned. A contingency fee ensures that anyone with a good case can get great legal representation, regardless of their ability to afford a lawyer otherwise.
