When it comes to filing a work injury claim, most workers would rather handle this on their own instead of hiring a Houston workers comp lawyer. They believe that, in order to hire an attorney, they need to pay upfront fees – and this expense is beyond their possibilities at this challenging time.
In reality, you don’t need to worry about money when you consult with a lawyer about your claim. First of all, most legal professionals offer new clients a free case evaluation. This gives both the attorney and the potential client a chance to understand the validity of the claim.
As for the cost to retain the lawyer’s services, here are they key facts you need to know:
Workers Compensation Lawyers Get Paid after Winning Your Claim
Lawyers specializing in workers comp cases receive their fee after the case is resolved and the client obtains their benefits. If the attorney loses your case, they cannot charge you any fees.
This is a great incentive for legal professionals to analyze any potential case judiciously before accepting it and to fight diligently for your rights. In other words, if an attorney accepts your case, you know that you have a very good chance of winning benefits.
Texas Workers Comp Attorneys Are Paid by the Hour
Our state is different in the way workers compensation lawyers get paid. Instead of a contingency fee calculated as a percentage of the settlement amount, a legal professional in Texas is paid by the hour.
However, they cannot charge as much as they want. The Texas Department of Insurance (TDI) limits the values to:
- $200 per hour for a lawyer
- $65 per hour for a legal assistant
The TDI also establishes thresholds for the amount of time an attorney can add to their bill for specific activities, such as:
- Attending a hearing
- Drafting correspondence
- Preparing a settlement agreement
Moreover, the total legal fees you have to pay cannot exceed 25% of the total wage replacement benefits you will receive at the end of your claim.
The Judge Has to Approve Your Lawyer’s Fees
Since the system of payment by the hour is more complex than a percentage of the settlement amount, Texas legislators set up a specific process of approval to avoid abuse.
At the end of your claim, the attorney must submit their schedule of fees to a workers compensation judge. The judge will analyze the fee structure to make sure that it is fair and accurate depending on:
- The complexity of the case and the legal issues encountered
- Whether the time listed for specific tasks is reasonable
- The amount of the disputed benefits and how much the attorney managed to secure in the settlement agreement
- The lawyer’s experience in the field
In Some Cases, the Workers Comp Insurance Company Will Pay Legal Fees
There are limited cases when the lawyer’s fees will not be deducted out of your workers comp benefits. These are the cases when your employer and/or their insurance company contest your claim for certain benefits. If they lose at the end of the appeal process, the workers comp judge can order them to pay your lawyer’s fees.
Get the Best Results: Hire an Experienced Houston Workers Comp Lawyer!
Any injured worker affords professional legal advice and representation in a workers comp claim. The fee system and the method of payment are fair to both the client and the legal professional.
Without a Houston workers comp lawyer, your claim may be denied and you won’t get any benefits. With legal representation, you will get all your medical care costs covered and retain a fair amount of the replacement wages.
Do not risk losing your legal change to get benefits after a workplace accident. Call us today to schedule a free case evaluation at 346-220-1821!