Understanding the cost of workers’ compensation attorney

Posted by The Figueroa Firm on December 11th, 2019

You might have concerns about hiring a workers compensation attorney Orange County in your case because you have heard how costly attorneys can be. However, hiring a workers’ compensation attorney is more affordable than you might imagine.

You might have concerns about hiring a workers compensation attorney Orange County in your case because you have heard how costly attorneys can be. However, hiring a workers’ compensation attorney is more affordable than you might imagine. Most states limit how much attorneys can charge in workers’ compensation cases and usually, you won’t owe your attorney any money unless you win the case. We will break down for you on how attorneys charge.

Contingency fees

Hiring an attorney in workers’ compensation cases typically does not require you to pay any money out of pocket. Most attorneys charge a contingency fee. This is a percentage of the benefits that the attorney helps you get. If you get an award by the workers’ compensation judge or a settlement, the attorney will take a percentage of what you get as his fee. If the attorney does not help you recover your benefits, he doesn’t get paid. Attorneys are compensated by the hour in compensation cases in some states. However, they are still paid out of the proceeds of your award or settlement at the end of the case. This means that you will not pay legal fees to your attorney up front.

Laws governing attorney’s fees

Most states have laws that cap workers compensation attorneys’ fees to protect injured workers. The cap may vary depending on the state but generally, it ranges from 10% to 25%. The limits are lower than the contingency fees in other types of cases. Caps on workers compensation attorney Orange County fees can be structured in various ways. The contingency fee depends on how the workers' compensation case is resolved in some states. In states where workers compensation attorneys are paid by the hour, there is a cap on the hourly rate which may be in addition to the maximum contingency fee.

Workers compensation agency approval

In most states, the fee of the attorneys in workers’ compensation cases are supposed to be approved by the workers’ compensation agency. This means that at the end of your case, your attorney must submit his fee for approval by a workers’ compensation judge. It is illegal if the attorney takes a fee without being approved by the agency first. A judge will consider several factors before deciding whether the fee is appropriate. These factors may include the time and effort the attorney put in your case, the complexity of the case, the result the attorney helped you achieve, the qualification of your attorney and the skills he employed in representing you and many other factors.

Legal cost

Legal cost is also supposed to be paid in your case. Legal costs are the expenses that a workers’ compensation attorney Orange County incurs in making your case successful. Legal costs may include the costs to copy medical records, file documents, hire expert witnesses and testify at your workers’ compensation hearing. You will be responsible for paying the legal cost. However, if you do not have the money to pay for the costs upfront, most attorneys will agree to advance the costs and then deduct them from your award or settlement.