As with all aspects of a workers’ compensation claim, the Virginia Workers’ Compensation Commission (the state agency governing workers’ compensation claims) oversees attorney fees. There are several ways an attorney may get paid in a workers’ compensation matter.
If I assist you in getting a workers’ compensation award, the Commission may award an attorney fee between $200.00 – $500.00. I NEVER request a fee for doing this but the Commission may enter an Order requiring you to pay this fee. Usually, the fee is deducted from your weekly workers’ compensation check in the amount of $25.00 per week.
If I go to a hearing on your behalf, I DO request a fee. Usually, it is twenty percent (20%) of the lost wages you are claiming or about $750.00.
If I assist you in getting permanent partial disability benefits, the Commission usually awards an attorney fee of fifteen percent (15%) of the benefits.
If I assist you in settling your workers’ compensation claim, the Commission usually awards an attorney fee of twenty percent (20%) of the lump sum.
Potentially, I could get paid all four (4) ways or not at all. I would not get paid at all if we were attempting to settle your workers’ compensation claim and the insurance company refused to settle for a fair price.
However, you will always (win or lose) be responsible for my advanced costs – what others charge this law firm to successfully pursue your claim. The most common expense is medical providers who charge us for copies of your medical records.
I hope this helps when you are deciding to hiring us to help you. Of course our initial consultation is of no cost to you.