Workers Compensation Attorney Cost and Fees

When you are injured at work, often your only recourse is to file a worker’s compensation claim.  Most workers’ compensation laws contain provisions making workers’ comp an exclusive remedy for job related injuries. This means if your workers’ comp claim is denied, you may be unable to recover for your injury.

Some employer’s will fight worker’s compensation claims, and sometimes hundreds of thousands of dollars can be at stake, especially if your injury resulted in permanent disability.

Because of the complexities of filing worker’s compensation cases and of proving the 3 essential elements of the claim- that the injury arose out of the job, that the injury occurred on the job, and that you were injured- you will usually need to hire an experienced worker’s compensation attorney.

How Much Does a Worker’s Compensation Lawyer Cost?

In most states, state workers’ comp laws determine fees for workers’ compensation attorneys. These fees are usually a percentage of the amount of money that you recover in your claim.

You typically do not have to pay a retainer to hire a workers’ compensation attorney. You also generally will not have to pay more if the case has to go to trial or in front of an appeals board.  In some states, any fee agreements or charges are also submitted to Worker’s Compensation Committee’s for approval after a settlement.

Additional fees may include costs associated with proving your case and costs associated with going to trial in the event of an appeal. These costs include court reporters fees, photocopying fees, expert witnesses, investigations, and the cost of doing legal research. Usually, these costs are not paid up front but are repaid to attorneys in addition to legal fees after a case is settled.

When Should You Get a Worker’s Compensation Lawyer?

You should hire a worker’s compensation attorney as soon as possible after incurring a work related injury. In many cases, you must report your injury to your employer and have a medical exam within a set period of time after being injured. Failure to report your injury or have the appropriate examscan result in a denial of your claim. A worker’s compensation attorney with experience filing claims can help you make sure you are completing all of the required steps to recover your damages.

Submitting the actual claim to the insurance company involves submitting a complex array of proof, including statements from experts. The more severe your injury, the more proof you will need in order to avoid a denial of your claim. At this stage, it is especially important to ensure that your paperwork is complete in order to increase your chances of getting your claim approved.

Finally, if your benefits are denied, it is essential that you hire a workers’ compensation attorney to help you appeal the denial of benefits. Most states limit the amount of time you have for an appeal, and you are often limited in the amount of times you can appeal or request reconsideration. If you lose an appeal, you may lose your opportunity to obtain worker’s compensation benefits and may be unable to recover medical expenses and lost wages that occurred as a result of your work related injury.

What Do Workers Compensation Lawyers Do?

Worker’s compensation lawyers serve a number of important roles in helping you to get the benefits you deserve. Worker’s compensation lawyers may:

• Advise you about proving claims, including helping to ensure you get the necessary medical examinations
• Investigate industry-specific illness statistics and other factors to help prove claims
• Hire expert witnesses to speak on your behalf
• File worker’s compensation claims with worker’s compensation insurers
• Request hearings and appeals if claims are denied
• Represent you in hearings and appeals to help you get the benefits you deserve

Finding Legal Help

If you are injured at work, you should find a qualified job-injury attorney or worker’s compensation lawyer as soon as possible. Your recovery may be limited or prevented if you don’t follow appropriate guidelines for filing a claim within required timelines.