You’ve been injured in a workplace injury and your employer’s insurance company has been playing hardball. One of your co-workers suggests hiring a lawyer to help you get the workers compensation benefits you’re entitled to.
Like many other types of attorneys, workers compensation lawyers work off of a contingency fee. This means that they only get paid after one of two outcomes: successful litigation or settlement.
If you and your attorney decide to take your employer’s insurance company (not your employer!) to court, the first step is to file a Petition for Benefits (PFB).
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A PFB contains a list of all of the workers compensation benefits you are requesting from the insurance company—things such as lost wages, reimbursement for medical treatment, and workers compensation lawyer fees.
If the PFB is successful—that is, if the insurance company agrees to your demands after 30 days of receiving it, or if the case ends up going before a judge of compensation claims who rules in your favor—then the insurance company will pay those legal fees.
When litigation is successful, our fee is typically charged hourly. Thus, if we spent 20 hours to secure your benefits and a judge of compensation claims determined that an appropriate hourly rate is $250, we would collect $5, 000 ($250/hour x 20 = $5, 000). In these cases, we will also recover any additional costs that were necessarily incurred to secure those benefits (things like postage, mileage, etc.).
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Would not be responsible for paying those costs out of your own pocket. The insurance company would pay you the full amount of your benefits as well as your lawyer’s fees.
When a case is resolved via settlement, your attorney will negotiate with the insurance company for an amount that you believe is fair compensation for the cost for future medical care, future lost wages, and resolution of any of the outstanding issues in your case.
After both parties agree on a settlement amount, your workers comp lawyer fees will be 25% of the total amount. So, if your case settles for $10, 000, the attorney fee for handling the workers compensation case would be $2, 500.
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It is worth noting that your settlement will be reviewed by a judge of compensation claims to ensure that the attorney’s fees are reasonable.
If a case settles, clients also have to reimburse our firm for the costs we incurred handling their case which include things such as:
Florida Statute 440.34 does state that workers comp legal fees should be 20% of the first $5, 000 of the benefits secured, 15% of the next $5, 000, and 5-10% of the remaining amount (depending on how long it took to secure benefits). This fee structure however, was deemed unconstitutional in 2016.
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But the benefits go far beyond the financial. Workers compensation attorneys also provide invaluable guidance and assistance with the more difficult aspects of a workers comp claim.
Navigating your medical appointments, bills, job duties (if you’ve been cleared to return to work), and family obligations is difficult enough without also finding the time and energy to fight the insurance company for your rights.
The decision of whether or not to hire a workers comp lawyer can be a difficult one. After all, how can you know whether you even have a case, much less how much you can expect to receive?
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At the Law Office of Brian D. Tadros, consultations are always free, so you have nothing to lose! If you’re unsure of whether legal representation is necessary, we can give you the information needed to make an educated decision.
Nobody—not even your workers comp attorney—can predict how a case will be resolved. If the insurance company never steps out of line or neither party can agree to settle, your lawyer will not get paid. That is a risk for us, but one that we are willing to take to secure benefits for our clients.
Workers comp cases can be long, confusing, and overwhelming, especially when you’re already dealing with a serious work related injury. You shouldn’t have to navigate them on your own! Workers comp lawyer fees are a small price to pay for benefit of an easier case (and bigger settlement amounts)!
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Mr. Tadros has been a member of the Florida Bar for over 15 years. Over the course of his legal career, Mr. Tadros has represented injured workers, employers, and insurance companies. This wide variety of experience provides him with a unique perspective which assists him in achieving the best possible outcome for his clients.Workers’ compensation is a system in California that provides medical care, wage replacement, and other benefits to employees who have been injured or become ill due to their job. If you are an injured employee in California, you may be able to receive workers’ compensation benefits. However, it can be a complex and time-consuming process to obtain these benefits. It is very beneficial to have the help of an experienced lawyer. Understanding how much a workers’ compensation lawyer costs in California can help you decide on hiring legal representation.
The cost of hiring a workers’ compensation lawyer in California can vary depending on several factors. Some of the most important considerations include:
One of the main factors that can affect the cost of a workers’ compensation lawyer is the complexity of your case. If your case is straightforward and you can provide clear and compelling evidence of your injury or illness, it may be less expensive to hire a lawyer. However, if your case is more complex, such as if there are multiple witnesses or disputes over the cause of your injury or illness, it may be more expensive to hire a lawyer.
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Another key factor affecting the cost of a workers’ compensation lawyer is the stage of your claim. If you have already filed your claim and are in the process of appealing a denied claim, hiring a lawyer may be less expensive than just starting the process of filing your claim. This is because the later stages of the claim process can involve more legal work and require more time and effort on the lawyer’s part.
The experience and reputation of the lawyer can also affect the cost of a workers’ compensation lawyer. Lawyers with more experience and reputation may charge higher fees than those with less experience or a less established reputation. Additionally, lawyers specializing in workers’ compensation law may charge more than those practicing in other areas of law.
In California, most workers’ compensation lawyers work on a strict contingency fee basis. This means that the lawyer will only be paid if you win your case, and the fee will be a percentage of the benefits you receive. Typically, the contingency fee for a workers’ compensation lawyer in California ranges from 10% to 20% of the benefits you receive.
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While the cost of hiring a workers’ compensation lawyer in California can vary, it is important to remember that the benefits you may receive from a successful claim can far outweigh the cost of hiring a lawyer. A workers’ compensation lawyer in California can help you navigate the complex and time-consuming process of obtaining workers’ compensation benefits. This can increase your chances of receiving the benefits you are entitled to.
Hiring a workers’ compensation lawyer can also help you get your benefits promptly and get the maximum benefits you are entitled to. A lawyer can represent you in court and negotiate with insurance companies and employers on your behalf. They can also help you understand the complex laws and regulations surrounding workers’ compensation in California. If your claim is denied, they can guide you through the appeals process.
If your claim is denied, you have the right to appeal the decision through business litigation. A workers’ compensation lawyer can help you with the process.
How Long Do Workers Comp Cases Take To Settle?
The length of the workers’ compensation claim process can vary depending on several factors, such as the complexity of your case, the stage of your claim, and the availability of evidence. However, it generally takes several weeks or months to complete the process. Some best practices to speed up the process include gathering as much evidence as possible and filing your claim immediately after you are injured. A workers’ compensation lawyer can also leverage past lessons from similar cases to expedite the process.
In general, if you were injured while traveling from your home to your place of work, you may not be eligible for workers’ compensation benefits. However, you may qualify if you were injured while traveling between job sites or during a work-related errand. It is highly dependent on the case’s specific facts. It will require a considerable amount of evidence to support what you were doing for work and why at the time of the injury. A workers’ compensation lawyer can help you collect and present evidence to support your claim for benefits.
If your California workers’ compensation claim is denied, you can appeal the decision. The process for appealing a denied claim includes filing a Form-Notice of Appeal within 30 days of the date of the denied decision. This will be sent to the Appeals Board, and you will then attend a hearing in
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