Did you know the highest worker’s compensation claim filed in 2016 and 2017 was for amputations and it averaged $98,126 per claim? Have you recently files a claim and or about to file one and are trying to figure out what the worker’s comp lawyer fees are going to be?
Keep reading to learn all about what you can expect to pay if you want the most out of your claim and to help you avoid a denied claim.
Think of This as an Investment
Sometimes people think they can skip out on hiring a lawyer to save money and keep the entire claim amount for themselves. With most people trying to figure out how to file a workers’ compensation claim correctly, it does not make sense to also try to be your own representation.
Hiring an attorney can be compared to making an investment to ensure that you have someone in your corner working for you to receive the maximum benefit for your case. The lawyer understands the laws and how to navigate them.
Fees
Every state is different when it comes to the laws that deal with attorney’s fees. In most cases, the judge has to approve the fee before the attorney gets paid. Most states set a cap in the percent that the attorney is allowed to keep for themselves and that can range between 10-20% depending on where you live.
When you go for your initial consultation you will want to go over what percentage your attorney charges from your final settlement. This is the time that you can negotiate the percentage and make sure you are comfortable with how much they will be keeping out of your settlement when everything is said and done.
Before you sign the representation and fee agreements make sure that you are 100% sure that you are ok with their fees. The great thing about worker’s comp cases is that you do not have to worry about paying your lawyer thousands of dollars up front. If they don’t win the case then they won’t be paid out – this is called a contingency fee.
Thanks to worker’s comp attorneys being paid on a contingency fee basis it allows even those with limited funds to still have the opportunity of receiving quality legal advice and representation.
Out of Pocket Expenses
It is good to be aware of all the expenses you should expect to pay. These are common expenses that your attorney’s fees will not cover:
- Depositions Costs
- Copy Costs
- Postage Costs
- Filing Fees
- Medical Record Fees
- Independent Medical Exam Fees
- Travel Expenses
Typically your lawyer will pay these fees as they come up and you will either have to reimburse them or they can take it out of your settlement amount at the end. There are lawyers that won’t charge you the extra fees if they lose the case but there are others that will still charge you, even when the case is lost. Make sure that you know ahead of time what to expect when it comes to out of pocket expenses.
Receiving Higher Compensation Amounts
One of the plus sides of agreeing to pay an attorney a contingency fee (a percentage out of your settlement) is that they tend to get you more money awarded than if you represented yourself. This makes sense because a lawyer that specializes in worker’s compensation claims is familiar with the ins and out of working with insurance companies.
They also know how to speak with the insurance companies and how to negotiate with them to your benefit. After all, they won’t get paid unless you win the case. The higher the amount the more money they will get as well.
Consultation
After you do your search and find the “best worker’s comp lawyers in your area” it’s time to start the phone call marathon. At this time you can set up consultations for different attorneys to discuss your case and how they feel about it.
Keep in mind that not all consultations are free. While some lawyers will not charge you for 30 minutes of consulting, there are other lawyers that will. Before showing up to your consultation and having the surprise of a fee when you arrive, ask when you make your appointment if they charge a fee or not.
There are some states that the consultation by law has to be free. If you live in one of those states (like California) make sure you are aware. You do not want to hire someone that is charging for a fee that’s illegal to charge for.
During this consultation ask them what fees you should expect to pay out of pocket for a case like yours. Some cases require more paperwork to be filed that others which means more money.
Feeling Like a Worker’s Comp Lawyer Fees Expert?
Now that you have an idea of how worker’s comp lawyer fees work, you can start calling different law offices to set up an initial consultation. Some attorneys will prefer for you to come in person for your meeting and some will do an over the phone consultation.
Before going to your consultation double check if your state has a maximum percentage on what a worker’s comp attorney can charge. It is good for you to go in with knowledge of this ahead of time to know if the lawyer is violating the law or not.
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