The Costs of Hiring a Workers’ Compensation Lawyer

If you had a significant work-related injury or illness that needs you to stop working, your recovery period is lengthy, or you are permanently impaired, a workers’ compensation lawyer’s services will be worth every penny involved. But what are these costs exactly, and how do they normally get paid?

Hired on Contingency

Usually, compensation lawyers are paid on contingency basis, which means you will give them a certain portion of any received compensation or benefits if your case is successful. Thus, until you get your compensation , the attorney will not be paid. And should your case be unsuccessful, your lawyer will not be paid. This is why workers’ compensation lawyers are always careful when accepting a case. It has to be winnable above anything else.

Attorney Fees

How much money a lawyer can get for representing you is different according to state, and is often covered by state laws or regulations. For example, in New York, it is the judge who sets this fee. If your lawyer wins your case, this payment will be taken from the benefits or compensation you receive. Otherwise, you will not pay the lawyer for their professional services, but you may have to cover certain charges that are part of the representation (doc stamps, filing fees, etc.). It is a must that you discuss these things with your prospective attorney before proceeding.

In Texas, paying your lawyer is the responsibility of your employer’s workers’ compensation insurance company, and the money will be taken from your income benefits received. The Division of Workers’ compensation first approves the fees which are based on the lawyer’s time and expenses. Once the fee is approved, the insurer will be ordered by the Division to deduct that amount – a maximum of 25% – from your compensation .

Advancing Payment

If a lawyer accepts your case on contingency, they will also advance all major costs and expenses that are part of litigation. This is important, considering the high cost of taking a case like this to trial. Your doctor’s deposition alone will cost from $1,000 to $2500 hourly. Your attorney may even have to hire a vocational expert who will do a labor market study and “transferable skills analysis.” This expert is going to testify in your case will be paid for their time.

Free Initial Consultation

Workers’ compensation lawyers typically charge zero for an initial 30-minute consultation. This is when you discuss your situation to them, and they will weigh whether or not their services will be necessary. If you agree that there is a need for legal representation, the lawyer will discuss fees and how they will be paid.

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