How Much Does a Workers’ Compensation Attorney Cost?
Hiring a lawyer to handle your workers’ compensation case is a big decision. The dispute process in a workers’ compensation claim is mostly legal and involves complex rules, procedures, and documentation. The insurance carrier will almost always have an experienced claims adjuster who will do everything to pay as little as possible on your claim and a tough insurance defense attorney on their side. Statistics show that an injured employee who has a lawyer representing them in a workers’ compensation usually receives about 5 to 10 times times higher or 300% to 1000% and more compensation at the end of the case. So, how much will a workers’ compensation attorney really cost you? We charge nothing until your case is resolved. Our fees are solely 15% of what you settle your case for.
Request an Initial Free Consultation?
In California, most attorneys who focus in workers’ compensation offer free initial consultations. At the initial consultation, you should prepare questions to decide whether you feel comfortable working with that attorney.
During this initial consultation, the attorney will review your claim. The attorney will assess your chances of success and whether you need an attorney. In California, workers’ compensation attorney fees are contingent on whether you win your case. We don’t charge anything until your case is settled. Our only fee is 15% of the final settlement.
Contingency Fees
Unlike other types of cases where you must pay your attorney based on hours worked, workers’ compensation attorneys are paid on a “contingency fee” basis. That means that the attorney you hire will only receive a percentage of certain benefits that the lawyer has helped you win. There are no out of pocket expenses. Generally, if the injured party doesn’t win any benefits, then there is no fee paid to their attorney. In California, the Labor Code and the Workers’ Compensation Appeals Board regulates contingency fees for workers’ compensation. Also, a workers’ compensation judge must approve the amount of your attorney’s fee. If you have questions, please call us for a free consultation at Castillo & Associates. We have five offices throughout Southern Calif from LA County to the Inland Empire, Coachella Valley to San Diego County and Imperial County. Give us a call at 1-800-497-9774 or find us on the web at Castillolaw.us.
What Percentage Fee Will the Workers’ Comp Judge Approve?
California requires a judge to approve a fee between 9% to 15%, depending on the case’s complexity. If your attorney has your case in Los Angeles County, many attorneys in those areas will request up to 25%. However, you won’t know the exact percentage fee ahead of time. Make sure your contract is clear on attorney fees and what you will be paying at the end of the workers compensation settlement. That’s because there are too many unknowns at the beginning of any case. It’s not clear how much the settlement, if any, will be. For that reason, a judge can’t assess a fee until after a settlement award is reached.
Once a settlement is reached, or an award is received, your lawyer will ask the workers’ compensation judge to approve a fee in your case. The fee requested is usually within the range of 9% to 15%. The requested fee considers the complexity of your case, novel legal issues, how much time and care your claim required, and the results your lawyer obtained. Again, get it in writing. Beware, many LA and Orange County attorneys will be asking for 15-25% in fees.
On average, the fee usually ranges between 9% and 15%. More complicated cases—such as those involving multiple employers, detailed investigations, or complicated legal issues—may justify a 15% award or more of attorneys’ fees. In comparison, a straightforward case may justify a 15% fee.
A good workers’ compensation attorney will tell you from the outset the percentage of fees he or she will request. California has one of the lowest rates for attorney fees in the nation. Most workers’ compensation attorneys request 15% of the amount settled. However, look at the agreement. Beware, Los Angeles & Orange County lawyers ask for more than the 15% up to 25% in fees.
Calculation of Fees
Your lawyer will only get a percentage if you receive a settlement, a permanent disability award, or a death benefit for a relative who died from work-related injuries.
Usually, attorney fees are not taken from medical benefits or temporary disability benefits. There may be some instances when an insurance company refuses to pay medical benefits or temporary disability benefits, and a lawyer has to litigate that issue for you to receive them. In those instances, these awards may be included in the calculation for attorney fees. Give Castillo & Associates a call for a free evaluation and consultation with you on your case. Look us up at Castillolaw.us or call 1-800-497-9774.
Penalty Fees in Workers Compensation Cases
Depending on the circumstances of a case, an attorney may argue for additional money to punish the employer for their actions. Although such cases are limited, such penalties are needed to discourage employers from engaging in harmful practices. Some examples that merit additional penalty awards include instances where the employer engaged in:
Discrimination;
Serious or willful behavior, or
Unreasonable refusal or delay of worker’s compensation benefits.
Penalty awards are treated differently. Usually, an attorney will receive between 9% to 15% of your workers’ compensation award. However, if an attorney can successfully argue for penalty awards, then they will usually earn a 33% fee on this portion of those monies.
Who Pays for Medical-Legal Costs?
During litigating a workers’ compensation case, there will be expenses related to your claim. For example, in any workers’ compensation claim, the injuries you suffered, and the severity of those injuries must be heavily documented.
To present a strong case, your attorney may have you visit expert doctors who can explain the extent of your injuries through testimony. Your case may also require medical evaluations, medical reports, records, and interpretation services.
If your insurance excludes these exams, then a workers’ compensation attorney usually pays for these expenses upfront. In most cases, these “out of pocket” costs are no more than a few hundred dollars.
Many workers’ compensation attorneys will ask for money in advance or “upfront” to pay for these “out of pocket” costs. The law allows this, but some workers’ compensation attorneys will cover these costs for you until you receive your award. Once your case is completed, you will receive an itemized bill to see “out of pocket” expenses.
Our attorneys at Castillo & Associates take great pride in achieving results. We invite you to schedule a consultation, at no cost to you, by calling 1-800-497-9774. We have five offices throughout Southern California to accommodate your travel and visit to our offices. We are located in Pomona ( Los Angeles ), Riverside ( Inland Empire ), Indio (Coachella Valley ), San Diego ( Mission Valley & San Diego County ), and Cathedral City. Look us up at Castillolaw.us or call toll free at 1-800-497-9774 and request a free consultation.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
