How Much Will It Cost To Hire a Workers’ Compensation Lawyer?

If you have been injured at work and need to file a workers’ compensation claim, you may wonder if you should hire a workers’ compensation lawyer.

And when it comes to the cost of having a workers’ comp lawyer, most work on a contingency fee basis, meaning the lawyer only gets paid if you win your workers’ comp claim. The contingency fee is a percentage of the money you win in your case. Generally, there are no upfront costs to getting a workers’ comp lawyer.

Contact a local workers’ comp attorney to talk about your case, what it will cost, and how much you can get in compensation.

When Should You Hire a Workers’ Compensation Lawyer?

Nearly every state has workers’ compensation laws designed to financially assist workers who were injured on the job. Typically, workers’ comp benefits cover medical bills and lost wages. Settlements can be paid out in a lump sum or in smaller payments, depending on the injured worker’s needs.

An important feature of workers’ comp is that it’s a no-fault system. Injured workers don’t have to prove their employer was at fault for their injuries. They just have to show that their injury occurred while working for the employer.

When an employee gets injured, the employer’s insurance company will investigate and determine if the employee has a compensable claim.

State law sets the timeframe for these investigations. Generally, they last anywhere from a couple of weeks to a month. The workers’ compensation insurance company will interview the injured worker, coworkers who witnessed the workplace accident, and the employer. The insurance company will also examine the injured worker’s medical records and other information.

At the investigation’s conclusion, the insurance company either approves or denies the workers’ claim. In most states, workers have a process for appealing a denial.

Do You Need an Attorney for Your Workers’ Compensation Case?

“Most working people have no experience with workers’ comp, and they have lots of questions because they just really don’t know what it’s all about—meanwhile, they’re also in pain,” says Heidi S. Groff, a workers’ comp attorney at Biggam Fox Skinner in Montpelier. “Maybe they’re not sure about the doctor they’re told to go to, or what their insurance company is saying, or why benefits suddenly stopped. Who’s going to help them? We can.”

“We’re not going to push you to hire a lawyer if we don’t think you need one. We’ve got plenty of work,” Groff says. “But I want people out there to know what they’re entitled to, because the insurance company isn’t going to share that information.”

If you aren’t receiving payments such as wage replacement, Groff says that’s a big reason to pick up the phone. “You’re supposed to get a check on the same day every week. When you’re not getting it on a regular schedule, like a paycheck, that causes a real disruption in people’s lives,” she says. You may need an attorney to help enforce your rights and get you paid in a timely manner.

How Can a Workers’ Compensation Lawyer Help You with a Workers’ Comp Settlement?

You can handle some workers’ comp claims without a lawyer. For example, getting a lawyer is probably unnecessary if your injury is minor (a sprained ankle) and you’re only out of work for a few days.

In many workers’ comp cases, hiring a lawyer is essential to get the best settlement. There are many situations when hiring a lawyer can make a big difference in getting a fair workers’ comp settlement:

• If your injuries require significant medical attention
• If you are out of work for weeks or months due to injuries
• If you have a temporary or permanent disability resulting from your injuries
• If there are delays or disputes over your workers’ comp payments

“Getting an attorney puts the injured worker on equal footing with their employer and the insurance company,” says Pennsylvania workers’ compensation attorney Alfred J. Carlson.

The workers’ comp process is complex, and injured employees who don’t have an attorney are often at a disadvantage compared to their employer or insurance company.

“I think every employee should consult an attorney when they get injured at work,” says Carlson. “The laws with respect to workers’ compensation can be very complex. It’s important that an injured worker understands their rights as well as their responsibilities if they’ve suffered a work-related injury,” he says.

How Much Do Workers’ Compensation Lawyers Cost To Hire?

Fortunately, state laws require most workers’ comp lawyers to work on a contingency fee basis. A contingency fee agreement means the lawyer is paid only if you win your case. For workers’ comp, contingency fees are commonly ten to 33 percent of the settlement, although the amount can be higher depending on case complexity and state law.

“Workers’ compensation attorneys typically handle cases on a contingency fee basis,” says Carlson. “By statute in Pennsylvania, the contingency fee is 20 percent of any settlement or award of workers’ compensation benefits.”

The benefit of a contingency fee is that the injured worker “[gets] legal representation without having to pay out of pocket. If it’s a minor injury and the employee goes back to work, or the claim doesn’t involve any litigation, then the injured employee doesn’t have to pay the attorney anything,” he says.

States differ on the contingency fee percentage. When you meet with a lawyer, ask what the percentage is in your state. But say you live in a state like Pennsylvania, where the fee is 20 percent of your settlement. In that case, if your settlement is $20,000, you will pay the lawyer $4,000 at the end of the process.

Questions for a Workers’ Comp Attorney

In addition to charging no upfront legal costs, many workers’ comp attorneys offer free consultations to learn about your case. These initial consultations let you get legal advice and decide if the attorney or law firm meets your needs.

“The way we handle claims—and what makes sense for our business—is when people call, we offer free consultations,” Groff explains. To get the most out of a consultation, ask informed questions such as:

• Do you charge your attorneys’ fees on a contingency basis?
• What percentage of my settlement goes to the contingency fee?
• Are there other filing fees or other legal fees?
• What will my workers’ comp settlement be worth?
• How do we file a workers’ comp claim in my state?
• How long do I have to file a claim?

“We’ll talk to you until we answer your questions,” Groff says. “I typically talk to somebody for somewhere between 45 minutes and an hour, and at that point, I say, ‘Do you understand my answers and what your benefits are?’ By then, I’ll also have some idea whether I think I can add benefits to their claim, and if they would benefit from representation.”

Once you have met with a workers’ comp lawyer and received answers to your questions, you can begin an attorney-client relationship.

Look for a workers’ compensation attorney in the Super Lawyers directory to help with workers’ comp issues.