ATTORNEYS FEES IN WORKERS’ COMPENSATION
As for attorneys fees, the fee applicable to workers’
compensation claims is always twenty percent of the benefits the
attorney or firm may secure for you as the result of litigation or
settlement. This fee is limited by law and is substantially less
than the contingency fees charged for other types of injury
litigation. I know of no workers’ compensation attorneys charging
less. If there are any out there, beware. In short, we all
charge the same. Therefore, when your claim goes into litigation
or when you elect a negotiated lump sum settlement, you will pay a
twenty percent fee to your attorney whether he is excellent or plain
bad, whether the work is done by an experienced workers’ compensation
litigator or a by a firm employing junior associates fresh out of law
school. The question then becomes: who can you trust to make sure
your claim survives and thrives to the point of obtaining that lump sum
settlement? Who can you count on to make sure that the lump sum
is the largest possible number? My advice: Look for a small firm
where every success matters and where the firm income comes from
skilled and personalized representation of each individual client,
rather than from the mere volume of work and the low wages paid to
junior associates. Look for a skilled litigator with a minimum
of, say, sixteen years experience representing injured workers.
Look for a solo practitioner who is a hands-on litigator and not a mere
law office manager selling legal services to be performed by unseen
others. Most importantly, look for someone you can really talk to and
who really knows the law. Call me. I would love to meet you.
(c)2008
Tim Kennedy