Attorneys Fees

The attorney's fees are the amount paid to your workers' compensation lawyer for assisting you with your work comp claim. Not everyone will need a work comp lawyer, but some claimants will benefit from legal assistance and could, in fact, earn more from their work comp claim if they hire a lawyer, even after paying the attorney's fees.

Claimants who want to avoid all attorney's fees can simply process and fight for their own compensation. If you choose this path, however, it is important to make sure you understand the work comp laws in your state.

Work comp lawyers and Contingency Fees

A work comp lawyer will be paid a contingency fee, which means they will take a percentage of your payment amount if you win your workers' compensation case. If you do not win your case, they will not be paid, although you may be charged a small amount for filing fees and other legal expenses.

The amount paid if you win your workers' compensation claim varies by state, but generally ranges from 10% to 35%. For instance, in Texas, the attorney fee can be up to 25% of your payment amount. It must be approved by the Division of Workers' Compensation and is deducted from your payment before your benefits are sent to you.

In other states such as Florida, the attorney's fee is 20% of the first $5,000 of benefits you receive but is only 15% of the next $5,000. If you receive more than $10,000 then the attorney will only receive 5-10% of the balance paid. Other states such as California allow a judge to determine the compensation payment for your lawyer. They may allow the lawyer to charge 10%, 12%, or 15%, depending on the complexity of your California workers' compensation case.

Before agreeing to legal representation you should meet with your work comp lawyer. Generally, work comp lawyers will provide a free consultation. Make sure you understand all fees and costs associated with hiring a work comp lawyer before you decide to hire them.