Have you ever wondered what your workers compensation attorney spends his or her time on while preparing your case? And how do workers compensation lawyers get paid?
How a Worker's Comp Attorney Spends Time
Generally, a straightforward workers comp case will pay the claimant a fair amount to cover the injury. In more complex cases or where the claim is denied, claimants often seek an attorney to assist them with the case. These lawyers will:
- Help you understand your options based on their knowledge of the law.
- Develop satisfactory evidence that you received an on-the-job injury that impacted your ability to work.
- Organize medical records and other evidence.
- Evaluate any settlement offers and help you get the best deal to pay for your lost wages, medical bills and future issues that could come up.
- Determine if you are eligible for other assistance or could file a lawsuit against a third party related to your injury.
The need for many hours of an attorney's time shows that worker's compensation law has become more and more complex. For example, the law states that you have to inform an employer within 90 days of an injury -- but what about injuries that happen over time, like carpal tunnel syndrome or back stress? It can sometimes require the services of an experienced lawyer just to get through the maze of paperwork and restrictions that have become part of the worker's compensation program.
Because of their specialized knowledge of this area of law, and because of the paperwork that is sometimes involved with workers comp cases, an attorney can spend a great deal of time on just one case. It typically takes as long as a year for a workers comp case to go through the court system, during which your attorney will be working on strengthening your case and fielding any requests to settle.
How a Worker's Comp Attorney Gets Paid
Each state has a different formula that dictates how much a workers compensation attorney can collect in fees for working on a successful case. If a lawyer loses a workers comp case, they get nothing -- but a winning attorney can charge a fee ranging from 10 to 25 percent depending on the state laws and the complexity of the case.
But last month, the Florida Supreme Court ruled 5-2 that the state couldn't enforce caps on what a worker's compensation attorney can be paid. Doing so violates both federal and state due process, according to the court majority.
As part of the case in Florida, the Judge of Compensation Claims (JCC) who litigated the case found that the workers compensation lawyer earned the equivalent of $1.53 per hour for the 107.2 hours of work he'd put into the case. That time was determined by the JCC to be "reasonable and necessary."
While Florida may be on the way to eliminating caps on attorney payments, other states have such caps, which mean that lawyers may not make a lot on each case relative to the amount of time they spend.
How Does This Impact You?
A state that does not have caps on how much an attorney can earn may actually be more fair to claimants with complicated cases. An attorney can take on such a case without worrying about limiting the time spent to put together a successful case.
If you have questions about a workers compensation claim, talk to an employment or workers compensation attorney. They can also answer any questions about how they are compensated in your state or jurisdiction. You can also try visiting a site like http://www.grdlaw.com/ for more information.
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