The Beginners Guide To Lawsuits (From Step 1)
Paying a Workers’ Compensation Attorney
If your work-related injury or illness is significant, you need a long time to recover, you cannot go back to work, or you are impaired permanently, hiring a workers’ compensation lawyer will be well worth the costs entailed. But what are these costs exactly, and how do they normally get paid?
Typically, compensation lawyers enter a contingency arrangement with their clients, which means they receive a certain percentage of the money that will be awarded to the claimant if the case is won. In short, there will be no payment to be made until you have received your benefits. And if you lose the case, your lawyer will receive nothing. This is the reason workers’ compensation attorneys are always careful when taking a client in. They need to ensure that it is winnable.
The cost of hiring an attorney varies by state and is typically governed by state laws or regulations. For example, in New York, it is the judge who sets this fee. If you win your case, this amount will be taken from the compensation you get. Otherwise, the lawyer will take no payment, although you may have to shoulder minor expenses like documentary stamps, filing fees, and the rest. It is important you discuss these things with your potential attorney before moving forward.
On the other hand, in Texas, your lawyer is paid by your employer’s workers’ compensation insurer out from the income benefits you get. Attorney fees, which will be computed based on the lawyer’s time and costs, must first be approved by the Division of Workers’ compensation . After approval, the Division will instruct the insurer to remove the fee – up to 25% – from your compensation .
If a lawyer takes your case on contingency, they will also usually pay for the major costs and expenses of litigation. This is important because it can be expensive to prepare this type of case for trial. Your doctor’s deposition alone will cost from $1,000 to $2500 hourly. Sometimes, your lawyer may even need to hire a vocational expert to conduct a labor market research and perform “transferable skills analysis.” This expert will be giving a testimony to help your case and should be paid.
Free Initial Consultation
Workers’ compensation lawyers typically charge zero for an initial 30-minute consultation. This is when you tell them about your situation and they will decide if you do need their services or not. If you agree that you need legal representation, the lawyer will give you a rundown of their fees and the payment process.