Factors Determining Workers Compensation Lawyer Fees
If you have been injured at work and need to make a worker's compensation claim, consider asking a lawyer to help you with the process. Sure, you will pay a lawyer a fraction of your compensation, but it will be worth it in the long run. Besides, workers compensation lawyers have reasonable fees determined by different factors such as the following:
State Laws
Most states have laws that determine how much workers compensation lawyers can charge their clients. This is just like other personal injury cases, with the difference that workers compensation limits are typically lower than those for other personal injury cases. This makes sense considering that personal injury cases typically recover more damages than workers compensation fees. Therefore, if your state has such a cap, your lawyer cannot charge you more than the legal limit.
How the Issue Is Resolved
Just like regular personal injury cases, a worker's compensation case can be resolved before the trial or it can culminate in a trial. The route your case takes also has a bearing on the percentage of the award your lawyer can take as their fees. As you would expect, a resolution outside the courtroom will result in lower fees since it doesn't take as much time and effort as a trial would take. Think about this before forgoing a reasonable settlement offer and opting for a trial in the hope of a sizable award.
The Size of Your Award
In some cases, the size of your worker's compensation award may also determine how much you have to give your lawyer as their fees. Workers compensation fees are usually paid as a percentage of the award or settlement. However, the percentage you may be required to pay for a huge award may be different from the percentage you may be required for a nominal award. In fact, the fee is usually structured in a way that your award is divided into different bands (say $10,000, $25,000, $50,000 for an $85,000 award) and you pay different percentages for the various bands.
Workers Compensation Agency
Lastly, your states Workers Compensation Agency may also have a say on your lawyer's fees. This is an agency that oversees all workers compensation issues within the state, including legal fees for workers compensation lawyers. In most cases, your lawyer has to submit their proposed fee to the agency for evaluation. The agency considers different factors such as the complexity of the case and the lawyer's qualification in its determination, and the lawyer must adhere to the ruling.
Speak to a local workers compensation attorney to learn more.
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