Determining how much a workers’ compensation lawyer costs depends on the payment structure that the lawyer uses. It is not the same for every lawyer, but there are lawyers that you can hire to represent you in your case without paying anything up front. These lawyers work on a contingency basis, which means that they only get paid if they win your case. They take a portion of your settlement to cover their fees and expenses. This means that you could potentially hire a lawyer to help with your case without having to paying anything.
Understanding Your Rights
If you are injured while working, you may be entitled to compensation for your expenses. According to the Department of Labor & Industrial Relations, your employer is required to have an insurance plan that provides workers’ compensation benefits. You have the right to file a claim for those benefits. If your employer or the insurance company is trying to deny your claim, you also have the right to file an appeal. If you cannot reach an agreement on a settlement, you have the right to have your case heard before a judge.
Workers’ Compensation Benefits
According to the State of California Department of Industrial Relations, workers’ compensation benefits cover the expenses that you have relating to your injury and your recovery. This includes medical expenses such as emergency care and ongoing medical care. Even rehabilitation services can be covered under workers’ compensation benefits. Lost wages is another area where many injured workers suffer. The program provides up to 80% of your average wages on a weekly basis. This should help with your monthly expenses while you recover.
You may be able to claim long-term benefits for disfigurement or disabilities depending on what state you live in. If your ability to work is impacted, you can collect benefits based on how significant the impact is. In some cases, workers’ compensation benefits are paid to surviving family members if a worker is severely injured and passes away as a result.
Filing a Claim
To file a claim, contact the HR department of your employer. There is a form or some other resource that you need to file a claim. Start this process as soon as possible, because there is a time limit on how long you have to report the injury. Each employer can develop their own process with their insurance company, which means this process may take some time to finish.
Your claim goes to the insurance company where it is reviewed. If the insurance company accepts your claim, the settlement process will start. The company will likely offer you a settlement agreement as a quick way of ending the case while still ensuring that you receive compensation. Your claim can also be denied by the insurance company. If this happens, you have the right to file an appeal. If you file an appeal or you cannot agree on terms with the insurance company, your case can go to trial where a workers’ compensation judge will decide the outcome.
Reasons to Hire a Lawyer
If you are involved in the claims process, hiring a lawyer may be in your best interest. Insurance companies are notorious for trying to limit the amount of money that they pay out on claims. You may struggle with the negotiations or dealing with the claims process. With such high stakes on the line, you should do everything that you can to make sure that your needs are accounted for. Hiring a lawyer gives you the resources that you need to take legal action to protect your interests and ensure that you get the compensation that you deserve.
Every attorney decides what pay structure they will accept. In some cases, you will have to pay an upfront cost. In other cases, you will have to pay legal fees throughout the case. Taking legal action such as filing a lawsuit generates fees from the court. Your lawyer may pass these fees along to you.
There are some lawyers that work on a contingency basis. This means that they only get paid when they win your case and collect compensation from your settlement or award. A portion of the compensation that you win goes to paying your lawyer. You will not have to pay anything upfront or throughout the process. You will not even have to pay if you lose your case. If the cost of filing a lawsuit is a big concern for you, look for a lawyer that works on contingency.
Contact Us for a No-Risk Consultation
Dealing with a workers’ compensation claim can be stressful, but legal help is available. If you are worried about workers’ compensation lawyer costs, find a lawyer that works on a contingency. Call Ben Crump Law, PLLC at (800) 603-4224 for a free consultation about your case.