Workers’ compensation is a protection for both employers and employees, because it pays medical bills and loss of income after a worker is injured at a workplace, and it legally prevents employers from being sued for those injuries.
However, there are some instances in which an injured worker may file a workers’ compensation lawsuit to recover damages that are not covered under workers’ compensation benefits.
But the question you may have is how the lawyer you hire to represent you in a workers’ compensation claim will be paid.
The Factors That Affect How a Lawyer In a Workers’ Compensation Suit Is Paid
Once you hire a law firm that has expertise in workers’ compensation laws in your state, the firm will strategize about the best way to go about winning your lawsuit.
In general, you can file a workers’ compensation lawsuit if that employer took retaliatory actions against you because you filed a workers’ compensation claim, or if that employer intentionally caused your workplace injury through assault, battery, or fraud.
Your attorney in a workers’ compensation lawsuit is typically compensated in two ways, including:
- Contingency – A contingency fee is an arrangement in which your lawyer agrees to take a percentage of the settlement you receive if you win your workers’ compensation lawsuit. The contingency fee percentage varies based on the state where you file your lawsuit, but commonly it ranges between 10 percent and 35 percent. This arrangement is ‘contingent’ on your lawyer winning the suit. If you don’t win, your lawyer receives nothing, although you will likely be responsible for paying court filing fees and other costs related to preparing your case.
- Workers’ Compensation Insurance – In some states, a lawyer who is successful in a workers’ compensation lawsuit is paid out of your employer’s worker’s compensation insurance. This means that the insurance carrier will pay your lawyer out of the income benefits you are receiving for worker’s comp. The state’s workers’ compensation board determines the amount to pay your lawyer based on billable hours as well as expenses. The percentage that your lawyer can collect from your worker’s comp benefits varies by state.
Hiring An Experienced Workers’ Compensation Attorney
Because workers’ compensation protects most employers from lawsuits for injuries at the workplace, any claimant who wants to go after their company must secure the services of an experienced attorney. That’s because there are only a few situations that enable an injured worker to file a lawsuit, and an attorney can help you determine how to go about getting the compensation you deserve. Sternberg | Forsythe, P.A. can provide you with all the resources and expertise you need to mount an aggressive lawsuit. Please contact us today at 561-687-5660 to schedule a free consultation.