Are you wondering how much a workers’ compensation lawyer charges for handling your workers’ comp claim? This article explains typical workers comp attorney fees and costs so you know what to expect when hiring a lawyer.
Hiring an experienced workers’ compensation lawyer is highly recommended if you have been injured on the job. Navigating the complex workers’ compensation system and getting the maximum benefits you deserve can be difficult without legal representation. But how much will hiring a lawyer cost you?
What is the Typical Fee Structure for a Workers’ Comp Lawyer?
Most workers’ compensation attorneys work on a contingency fee basis. This means the lawyer only gets paid if you receive a settlement or award. The fee is taken as a percentage of your total compensation amount.
Typical contingency fees for workers comp lawyers range from 15% to 25% of your total settlement. The percentage may vary based on the complexity of your case. Simple claims may be on the lower end, while a maximum of 25% is usually charged for cases that go to court.
Does a Workers’ Comp Attorney Charge Any Fees Upfront?
Reputable workers’ compensation attorneys, like those at O’Connor Law in New York, typically will not charge upfront fees or costs to take on your case. However, after a settlement is reached, the lawyer’s contingency fee percentage will be deducted from your total compensation amount before you receive it.
The benefit of no upfront fees is that it allows injured workers to hire a great lawyer without any out-of-pocket costs. The attorney only gets paid if you win compensation.
Are There Any Other Costs With Hiring a workers’ compensation attorney?
While a good workers’ comp lawyer won’t charge you directly, some additional costs are built into the contingency fee model. These include:
- Case expenses – Lawyers often front the costs of case expenses like medical records, expert witnesses, evidence gathering, etc. These expenses are deducted from your settlement before the lawyer’s contingency fee.
- Higher contingency percentage – Some lawyers may charge a higher contingency fee percentage to cover expected case expenses. This avoids directly charging the client.
Always ask a potential workers’ comp attorney upfront what their contingency fee includes. Reputable lawyers will explain all expected costs and fees so there are no surprises.
How Much Does an Initial Consultation With a Workers’ Comp Lawyer Cost?
The good news is most experienced workers’ compensation attorneys offer free initial consultations. This allows you to discuss your potential claim and evaluate attorneys before hiring one.
An initial consultation allows the lawyer to review your case and provide their opinion on your chances of receiving benefits. Most lawyers will not charge any fee for an initial meeting.
However, some attorneys may charge a small fee for an initial consult, typically $100-$200. Make sure to ask about consultation fees when setting up the appointment.
Can I Negotiate the Fee Percentage With My Workers’ Comp Lawyer?
The contingency fee percentage is usually non-negotiable for most law firms. However, it doesn’t hurt to politely ask if they are willing to reduce their standard rate.
If your case is relatively straightforward, such as a simple accident with abundant evidence, you may be able to negotiate a lower contingency percentage. The lawyers know they won’t have to do as much work on these simple open-and-shut cases.
For complex cases involving extensive litigation, lawyers are less likely to reduce their standard contingency percentage. Those challenging cases require more time and resources to resolve.
Are There Limits on How Much a Workers’ Comp Attorney Can Charge?
Most states do regulate the maximum fees attorneys can charge on workers’ comp cases. For example, workers’ comp attorney fees in New York cannot exceed 20% of the settlement amount for most cases.
Some states also require attorneys to disclose exactly how their fees are calculated and get fee agreements approved by the state workers’ compensation board.
So, while contingency fees may seem high at first glance, rest assured that lawyers cannot charge whatever outrageous percentage they want. States have implemented fee schedules and limits to protect injured workers from excessive legal fees.
Should I Hire a Workers Compensation Attorney?
Here are some good reasons to hire a workers’ comp attorney:
- They make sure you get all the benefits you’re entitled to under the law. This can mean higher settlements.
- They handle communications and negotiations so you can focus on recovery.
- They navigate the legal process, deadlines, paperwork, and hearings.
- They prove your claim is work-related if the insurer disputes it.
- An experienced attorney levels the playing field against the insurer’s lawyers.
While every case is different, having an excellent workers’ comp lawyer on your side is usually worth the cost. For most people, the increased potential settlement and peace of mind are well worth attorney fees.
Bottom Line
Hiring a skilled workers’ compensation attorney can be an excellent investment to ensure you maximize your claim and get the benefits you deserve after a work injury. While it does take a cut of your eventual settlement, having an experienced lawyer fighting for your rights is usually worth the cost for most injured workers. Contact an attorney at O’Connor Law today to schedule your consultation.
