How much does it cost to hire a workers compensation lawyer
You only pay a Michigan workers compensation lawyer if you win, on a contingency fee basis
Many people mistakenly think that they can’t afford the cost of a workers compensation lawyer. This could not be farther from the truth. Below is information about the way work comp attorneys are paid, to ease your mind about your finances and the legal process.
To speak with a lawyer now, call us at (855) 221-2667. There’s no fee or obligation, and we are here to answer all of your questions.
- How are workers compensation lawyers paid?
- What percentage of my settlement is a work comp lawyer entitled to?
- Will a lawyer advance my litigation costs?
- Will I have to pay to meet with my lawyer?
- Is it better to settle my workers compensation case?
Q. How are workers compensation lawyers paid?
A. Many people are afraid that they cannot afford a good workers compensation lawyer. They believe that they will receive nothing after paying an attorney fee. This is not true. Workers compensation cases are handled on a contingency fee basis. This means that no attorney fee will be charged unless workers compensation benefits are recovered for you.
These are commonly called “no fee no win” cases.
With “no fee no win” cases, the injured worker pays nothing up front. If there are benefits and/or a settlement recovered for you, then the injured worker pays a small portion of the benefits and settlement at the end of the lawsuit
You should know that the maximum attorney fee allowed by law is 30 percent of past due benefits. Michigan workers compensation lawyers often cost much less. You can afford the cost of a great workers compensation lawyer.
Q. What percentage of my settlement is a work comp lawyer entitled to?
A. If a workers compensation lawyer is successful in recovering additional benefits, the attorney fee is relatively small. The maximum attorney fee that can be charged is set by law — 30 percent of past due benefits. The amount you will have to pay depends upon how your case is resolved and at what stage.
Here are the various stages of case settlement and how much a workers compensation lawyer can charge:
When work comp benefits paid voluntarily and a settlement is reached: 10 percent attorney fee.
When your work comp benefits have been disputed: You will only pay 15 percent of the first $25,000 and 10 percent on the rest of the settlement.
When trial has been completed: You will pay a 20 percent fee on a workers compensation settlement.
If your case cannot be settled and must go to trial: You will pay a 30 percent attorney fee. You pay no attorney fee if you lose and receive no compensation.
If your employer or its insurance company may pays workers compensation benefits on a voluntary basis: You will pay a 30 percent attorney fee on past due benefits recovered through voluntary payment. You owe no fee on future benefits.
Q. Will a lawyer advance my litigation costs?
A. A lawyer who takes your case on contingency will also typically advance all costs and expenses of litigation. This is very important because it can cost thousands of dollars to prepare a workers compensation case for trial.
You will need the deposition of your doctor. This can range from $1,000 to $2,500 per hour, depending upon the doctor. A court reporter costs extra.
Sometimes it’s necessary for a lawyer to hire a doctor who will perform an examination and give an opinion about your medical condition. This frequently occurs when an injured worker has no health insurance or access to medical care. Many times, this is the only way to prove your workers compensation case.
You may also have to hire a vocational expert to perform a “transferable skills analysis” and labor market survey. The vocational expert will testify in your case and will expect to be paid for his or her time.
Q. Will I have to pay to meet with my lawyer?
A. An experienced workers compensation lawyer will not charge you a fee to meet or discuss your case. You can get free office visits and telephone advice.
A good workers compensation lawyer will even monitor your case for free and advise you on minor issues.
Q. Is it better to settle my workers compensation case?
A. Every workers compensation injury and claim is different and unique. Therefore, there is no across-the-board answer on when it’s best to settle.
But many injured workers choose to settle for various reasons. The attorney fee is only 10 percent if workers compensation benefits are being paid and you settle your case.
Settlement allows you the freedom to do your own medical treatment and vocational rehabilitation. You might also want to quit your job and move on with your life.
Many people who have their benefits disputed settle before trial. This is because they do not want to risk the uncertainties of trial. You will only pay 15 percent of the first $25,000 and 10 percent on the remainder of any settlement under these circumstances.
Here’s more information on settling your workers comp lawsuit.
Have questions about the cost of a workers compensation lawyer?
It’s a big misconception that you cannot afford your own workers compensation lawyer. Don’t let the fear of cost deprive you of getting the help you need.
Call us at (855) 221-2667 or you can fill out our free consultation form. The call is free and the advice is free.