How much does a workers comp attorney charge?
A few important things to note from the statute. One, the attorney can never receive more than 25% of what the employee gets:
(i) Except as provided by Subsection (c) or Section 408. 147(c), an attorney's fee may not exceed 25 percent of the claimant's recovery.
The exceptions have to do with when the insurance carrier has to pay the fees out of their own pocket. Two, the attorney does not automatically get 25% of the income benefits receive by the claimant. It has to be based on the time and expenses incurred by the attorney, maximum $200 per hour for attorney time:
(b) Except as otherwise provided, an attorney's fee under this section is based on the attorney's time and expenses according to written evidence presented to the division or court.
The statute specifies in further detail how this works:
(d) In approving an attorney's fee under this section, the commissioner or court shall consider:
(1) the time and labor required;
(2) the novelty and difficulty of the questions involved;
(3) the skill required to perform the legal services properly;
(4) the fee customarily charged in the locality for similar legal services;
(5) the amount involved in the controversy;
(6) the benefits to the claimant that the attorney is responsible for securing; and
(7) the experience and ability of the attorney performing the services.
You do not have to bring money to pay the workers’ compensation attorney. When an insurance company pays benefits, either by order from the Division of Workers’ Compensation or voluntarily, the attorney fees are deducted and paid by separate check to the law office.
(h) An attorney's fee shall be paid to the attorney by separate draft.
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