When you have been injured at work, you will be entitled to receive workers compensation benefits. If your employer denies you these benefits and you have to fight the claim, it's time to work with a personal injury attorney. Most attorneys that work on workers compensation claims do so on a contingency basis. This means that you don't have to pay money up front, but if you win, your attorney gets paid out of your settlement.
The Contingency Fee
If you lose your workers compensation claim, your attorney does not get paid anything. This gives your attorney incentive to work hard on your case and get you the highest reward possible for your injuries. Your attorney will get a percentage of your final award, so it's important to your attorney that they get you a high settlement.
Fees that Come Out of Your Award
As part of the agreement with your attorney, additional fees may come out of your award should you win your workers compensation case. You may be responsible for paying fees to get copies of your medical records, postage costs, filing fees, travel fees for your attorney and more. These fees should be negotiated with your attorney at the start of your case so that you aren't surprised when the fees are billed to you.
Before you sign a representation agreement, it's important to talk with your attorney about the percentage of your award they will receive if you win. While this percentage can be negotiable, most charge between 10% to 15% for their contingency fee, depending on how difficult your case is.
It is difficult to try and fight a workers compensation claim denial on your own. When you are hurt, you need to focus on getting better from your injuries and not with fighting against your employer or insurance company. If you have been denied workers compensation benefits, it's time to sit down with an attorney who has experience in the field. Together you can walk through the details of your case, and you can come up with an agreement as to the contingency fee you will pay should you win your case.
When you go to meet with your attorney, like those at Lovett Schefrin Harnett, you should bring copies of any medical records you have regarding your injury, and any accident reports that were filed at work. Your attorney will need your records so that they can properly assess your case.