What Are Attorney’s Fees for Workers’ Compensation Attorneys?
Attorney’s fees for a lawyer handling a workers’ compensation case are determined in most ways like a personal injury case: as a contingency fee. In fact, many workers’ compensation attorneys also handle personal injury cases because they are so similar. However, there are a few differences:
- First and foremost, what is a contingency fee? Are you going to have an upfront fee?
- It means basically that you only have to pay attorney’s fees if you win your case and your attorney’s fees will be an agreed upon percentage taken out of your settlement.
- After you have been hurt on the job you may be asking yourself, will I have to pay for my workers’ compensation attorney’s fees upfront?
- Usually, if you are charged on a contingency basis, no. To say it again, you will only have to pay attorney’s fees if you win your case and it will be taken as a percentage of your settlement.
- What’s the difference between the way that personal injury attorneys and workers’ compensation attorney charge?
- Most states have a maximum limit for the percentage that your workers’ compensation attorney can take out. For example, the highest amount that a workers’ compensation attorney can take from your settlement in Illinois is 20% and in Missouri it is 25%.
- The attorneys’ fees cap is a good thing for workers who are hurt on the job. Another benefit of the workers’ compensation attorney’s fees cap is that it means that all attorneys will charge basically the same amount. Instead of shopping around for the cheapest lawyer, you are now free to look for the best workers’ compensation attorney–one who will be more likely to get you a fair workers’ compensation settlement.
How Much Will Hiring a Workers’ Compensation Attorney Cost Me?
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.
Hiring a Richmond Workers’ Compensation Attorney for Advice
If you’ve suffered serious injuries due to the ergonomics of your workplace, it’s best to hire a Richmond Workers’ Compensation attorney to help you with the work injury claims process. Some people might assume that they will be fine on their own, but that isn’t always the case. Make sure that you consider the benefits of hiring an attorney to fight your case against the negligence of your employer.
Before hiring a work injury lawyer for your claim, consider the following:
- Always choose an attorney that has experience and a winning case record.
- Look at their website and make sure the lawyer can provide you with adequate information, resources, and support in addition to representation.
- Choose a lawyer who works in your state and local area because they will be familiar with the Workers’ Comp laws that are relevant in your case.
- Use your consultation wisely to get to know the lawyer and make sure they’re the right fit for your needs.
Remember: All lawyers will take the same percentage for their contingency fee but they wont all be able to get the same end result. How do you know what qualities in a workers’ compensation attorney will give you a better chance for a big settlement? Make sure you find someone with your interest a heart who has a lot of educational materials. After that, most attorneys’ offer free consultations, you need to find out the best questions to ask your workers’ compensation attorney to find out if they are right for.
About the Author: Injured Workers Law Firm
The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia Workers’ Compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.