How do Workers Comp lawyers usually charge for their fee?

Question

Do they usually charge a retainer, or on % depending on if they think they can win.

Answer 1

There are two types of workers compensation and I cant remember the names of them...the first type is where you dont sue your employer for negligence, where you will be assessed at a percentage of whole body impairment. There is a scale, eg, if you are 5% you get a certain amount, 7%, you get more and so on. You have to be deemed to be 15% or more whole body impairment before you can sue your employer for negligence, but can only sue for lost wages, not pain and suffering. If you dont sue your company then the Lawyers will charge their fees directly to the Insurance Company, and the amount you are told you will get depending on your whole body impairment will be the amount you will get. That is how it should be done, so you need to make double sure that your Lawyer explains this to you. If you are deemed over 15% whole body impairment, then you can sue your employer, you go through a long and involved settlement, and at the end you will be offered a settlement, but your lawyers fees usually come out of this and not charge the Insurance Company direct. Lawyers charge a lot of money, so you need to get it in writing what their charges are long before you decide to go through the court system if you are sueing your employer for negligence because their fees will come out of your settlement. You can negotiate their fees, however, but not a lot will charge you a lot less. Your best option would be if you are going through this kind of process is that when you are offered a settlement, you tell your lawyer that you will accept this, but on certain terms, eg, their fees are not to come out of your money, that any medical bills that have not come in yet will not affect the amount of money you have settled on...that the money you have been offered is the money you will get and no fees, no medical bills, no nothing will come out of it. Then the Lawyer will go back in and fight for a higher settlement for you so that their fees can be covered and you get what you are prepared to accept. You are hiring them, they are working for you, so you need to be pretty "out there" and tell them what you want, not the other way around or else you will end up getting screwed because Lawyers dont care about your person situation....it is a business and all they care about is the money they will get. Also you will find that most Lawyers in Workers Comp will have a "no win, no charge" policy. All Lawyers are different, and if a Lawyer wants to charge you a percentage, then find another one.

I live in Australia, but I was told by my Lawyer that our compo laws are now in line with the American ones but dont take my word for it, make some enquires.... Shop around because if a Lawyer wants your business anything can be negotiated.

Answer 2

Typically it's 33% of any settlement you may receive. Some attorneys charge a retainer while some do not. My advice to my patients on retaining an attorney... do so only when the insurance carrier starts saying no or your employer is giving you hell.

Answer 3

I am an insurance defense attorney in Tennessee. We handle many workers' comp claims. The Plaintiff's attorney in our State can only get 20% of the settlement or judgment as per our Statute.

Answer 4

Many state WC administrative bodies have set caps on lawyer expenses. i've got self belief in some states the cap is as low as 10%. i'm in North Carolina, which has a severe cap. on the WC organization the place I labored, my boss charged 25-33%. to locate yours, google your state's accepted statutes, then seek for the staff comp financial ruin as quickly as you get to the suited internet site.

Answer 5

Yes about 33 percent of the money they collect