Workers Compensation Attorney Fees

It's important to work with a good workers compensation attorney after you've been injured on the job.

Although many workers compensation claims are resolved without attorney involvement, an attorney can ensure that you receive the injury benefits you are entitled to and can represent you in any disputes that arise.

Disputes can arise over things like when and if an employee can return to work, how long workers comp benefits should continue, which doctor's recommendations should be followed, and other matters.

In a previous article, we discussed How to Choose a Workers Compensation Attorney, and we now turn our attention to workers compensation attorney fees.

How Much Do Workers Compensation Attorneys Charge?

Most workers compensation attorneys offer free consultations. You don't have to pay for the initial visit in which you discuss your accident and your case.

After that initial consultation, if the workers comp lawyer and you decide to partner, your case will likely be taken on a contingency basis. That means you don't have to pay the fees on your own, and the lawyer gets their fees only if they successfully resolve your case.

In fact, in many states, the law requires the workers comp attorney to operate on contingency. That's great because you won't pay any attorney's fees unless you get a favorable settlement.

It's also often the case that the legal fees for a workers compensation attorney are ultimately paid by the employer's insurance carrier. Moreover, the amount of the fees are often regulated by state law and usually capped at a reasonable amount, e.g. 20 percent of the amount recovered. In many instances, a Workers Compensation Judge must approve the attorney's fees.

You may also be responsible for various costs associated with your case. This might include things like court reporter fees, deposition fees, document copying fees, computerized research, trial exhibits, courier fees for medical records or expert witness fees. Generally speaking, you don't have to pay these fees until the case is resolved and they are simply deducted from your benefit receipts.

Take everything we've said above with a grain of salt. The rules vary from state to state, so you'll need to get specifics from local workers compensation attorneys and you can double check what they say with your state workers comp agency.

Make sure to get a fee agreement in writing before you choose a workers compensation attorney to represent your interests. Review it with the attorney and ideally with an objective party before you sign the agreement. Make sure you fully understand the fee structure, and don't hesitate to ask as many questions as you need to.