What if I Can’t Afford to Hire a Workers Comp Lawyer?
The Workers Compensation Act limits lawyers’ fees. The attorney fee is generally contingent, meaning the client must win their case before any fee is due. A judge must approve the fee. No lawyer can ask you to pay their fee up-front or for a certain amount. A Court Order must approve it. The fee is generally 20% of the amount of the benefits awarded. This can be from weekly wage loss benefits, a settlement, or even a percentage of medical bills that must be paid.
Determining Who Pays and When
Some issues require the Judge to rule the fee to be paid by the employer or their insurance company. For example, if the insurance company did not have a reasonable basis to challenge your right to benefits or a case that only involves medical issues and does not affect the injured worker’s wage loss benefits, the fee must be awarded against the defendant. If the wage loss is very small, the judge has the authority to order the cost to be paid by the defendant.
Before you hire a lawyer, ask how often they try to get the fee paid by the defendant and if they know the requirements!
You Can’t Afford NOT to Hire an Experienced Workers’ Comp Lawyer
One last factor you need to consider is whether you can afford to have a lawyer or not. Pennsylvania’s Workers’ Compensation laws are so complex that lawyers become Certified Specialists. Passing written tests, having sufficient years of experience, and dedicating a significant portion of their practice to this field of law are required.
The insurance company will certainly have a team of trained specialists prepared to challenge your rights, including a claims representative, a case manager, and a certified specialist lawyer. Can you afford to lose your benefits by not having an attorney? Contact us at our Media, PA, office today!
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