Exploring Social Security Cases and Outcomes

How Is A Worker's Compensation Attorney Compensated?

by Marie Caldwell

When you are injured at work and are not able to work, you may find that money is much tighter than it would otherwise be. You might also find your workers' compensation claim has been wrongfully denied by the insurance provider. The good news is that if you need a workers' compensation attorney you will not need to pay for him yourself. 

How Contingency Fees Work

A workers' compensation attorney is usually paid a contingency fee. With this type of fee, an attorney is not paid unless you are paid. Then, the attorney fees are based on a percentage of the compensation your attorney is able to win you which is based on state law.

There are several ways you might be compensated through workers' compensation. You may receive a weekly check. You may negotiate a lump sum settlement or you may receive a monetary judgment if you must take your case to court and end up winning.

Other Fees Required

There may be other fees that aren't associated with your case. For example, you might need to pay expert witnesses, filing fees, and medical record charges. If you are struggling to pay for these things, your workers' compensation attorney may pay them for you.

Why You May Need a Worker's Compensation Attorney

While some workers are able to receive compensation through their employer's workers' compensation insurance provider, other workers are forced to turn to take their case to court. While this only affects a small percentage of cases, there is sometimes a dispute that cannot be resolved regarding whether you are entitled to benefits.

During a trial, your attorney will present evidence such as medical records to prove that your injuries were work-related and that you would be entitled to compensation under state law. The workers' compensation insurance provider will present evidence against your claim in an attempt to persuade the judge to file a ruling against you.

If you win your case you may receive a larger judgment than the settlement you would receive out of court. However, taking your workers' compensation case to trial can take much longer. When you lose your case you will be allowed to appeal your ruling and then seek compensation again. Because there is no guarantee on whether you will win your workers' compensation case, it's recommended that you ask your attorney about whether you are likely to win your case in court.