Workers Compensation Lawyer Fees and Costs in Virginia

 

Attorneys Who Represent Injured Employees in Workers Compensation Cases Usually Charge a Contingency Fee, Meaning They Receive a Fixed Percentage of the Benefits and Settlement They Help an Injured Worker Get and Nothing if They Lose.

 

Hiring a lawyer is an important decision – and one of the first you’ll make after an accident at work.

 

You may feel pressure to handle your case on your own. Personal injury attorneys and workers compensation lawyers who help accident victims often get a bad reputation. Some employers, insurance companies, and doctors blame attorneys for driving up the cost of workers compensation insurance, auto insurance, and medical care. But that’s not true.

 

You may also wonder if you can afford to hire an attorney to help you try to get workers compensation benefits. Employers and insurance carriers often push the idea that lawyers charge outrageous fees. But that’s not true either.

 

I have good news if you’re worried about workers compensation attorney fees in Virginia.

 

First, you won’t have to pay workers comp attorney fees up front. I charge a contingent fee, not an hourly rate. This means I receive a certain percentage of your workers compensation settlement or award.

 

Second, you do not have to pay a workers compensation attorney fee unless you get benefits or settle your case. If you lose your case, you owe me nothing.

 

Third, the Workers Compensation Commission regulates attorney fees in all cases. The Commission reviews, approves, and sets the fee charged by your attorney based on the legal work completed, the quality of the legal work, and the recovery you obtained. Only if it finds the contingent fee stated in your attorney retainer agreement will it award that fee.

 

This article explains workers compensation lawyer fees in Virginia. It also discusses the expenses involved in workers comp litigation and when you have to pay them. Most of the expenses are related to developing the medical evidence needed to win your case.

 

As you’ll see, attorney fees in workmans comp cases are usually a small percentage of the overall amount of compensation you can receive in lifetime medical treatment, wage loss payments, and permanent disability benefits if you win your case or negotiate a settlement.

 

If you have questions about workers compensation in Virginia, or are looking for a top-rated lawyer to help you win your case, call me for a free consultation: 804-251-1620 or 757-810-5614. I represent injured employees and their family members in Central Virginia, Northern Virginia, Hampton Roads, and Roanoke – and I can help you.

 

The Workmans Comp Attorney Fee Depends on the Issue You Need Help With

 

Workers compensation attorney fees are paid to your lawyer at different stages of your case.

 

Fees are awarded only if your attorney gets benefits moving. This means that your attorney will receive a fee if he gets one of the following for you: ongoing weekly income replacement benefits, including temporary total disability, temporary partial disability, and permanent and total disability payments; retroactive wage loss benefits; permanent partial disability benefits for loss of or loss of use of the injured body; specific medical treatment; vocational rehabilitation; or, a lump sum settlement.

 

Here are the usual attorney fees at each stage of the workmans comp process:

 

Attorney Fee When a Court Appearance is Required

 

Multiple issues may arise after you file a workers comp claim, even when the insurance carrier agrees that you suffered an injury by accident arising out of and in the course of your employment.

 

For example, the insurance carrier may deny specific medical treatment, such as a spinal fusion surgery for a herniated disc, refuse to offer a panel of physicians or authorize an appointment with a second opinion doctor, deny that you are injured to the extent alleged and entitled to wage loss payments, or file a motion to suspend benefits.

 

When you and the insurance carrier disagree on an issue, litigation is required. Your attorney will present your case at trial before the Workers Compensation Commission. The trial is called a workers compensation hearing.

 

The Commission will determine the fee for your lawyer’s court appearance. Usually is is based on the outcome of the hearing.

 

Attorney Fee When Wage Loss Benefits are Disputed

 

If the disputed issue involves wage loss benefits, the Commission will often award an attorney fee equal to 20% of your back wage benefits. This amount can range from $500.00 to $15,000.00 or more depending on how much back pay you are owed. If no back pay is available, the Commission will use a different formula.

 

This is a large amount of money when the work injury is already causing financial stress. I understand that. That’s why I will work with you on the attorney fee. Instead of receiving the entire fee up front, often I will ask the court for the attorney fee to be paid at a rate of $25 to $100 per week out of weekly benefits.

 

Attorney Fee When Medical Treatment is Disputed

 

If the disputed issue involves medical treatment, the Commission will often award an attorney fee equal to $1,000.00 or less. The fee amount is often lower in cases involving medical issues only because the attorney can request a fee from the health care provider who benefits financially from performing the procedure or providing the medical treatment.

 

For example, the insurance carrier may deny your claim seeking authorization and payment of a total joint replacement surgery if you have suffered a knee injury or torn rotator cuff.

 

If I win your claim for the surgery, the workers comp insurance carrier will have to pay the surgeon and medical practice that performs the surgery. These health care providers must then pay me a percentage of the cost of the medical treatment.

 

The Commission has authority to assess an attorney fee against a health care provider under Section 65.2-714 of the Workers Compensation Act.

 

Attorney Fee When There is An Appeal

 

A party may file a workers compensation appeal if it is unhappy with the deputy commissioner’s decision after hearing.

 

Appealing a case – or resisting an appeal if the employer and its insurance carrier request a review of the deputy commissioner’s decision – requires briefing of the issues always and oral argument occasionally.

 

The full Commission, which reviews decisions made by deputy commissioners, may award an additional attorney’s fee at the appeal level.

 

Attorney Fee When an Award Agreement or Stipulated Order is Negotiated

 

Some workers comp claims and change in condition applications are resolved without the need for trial. Rather, they are resolved by Award Agreement forms or Stipulated Order.

 

If I help you get an award of benefits without making a court appearance, the Commission may award an attorney fee. Often the fee is between $100.00 and $1,000.00.

 

I understand that this fee can cause financial hardship. That’s why I often wait until settlement to collect it.

 

Attorney Fee for Permanent Partial Disability Benefits Based on an Impairment Rating

 

When you reach maximum medical improvement (MMI) for your work-related injuries, I will help you find a claimant-friendly doctor to assign a permanent impairment rating.

 

You need a permanent impairment rating to get an Award of permanent partial disability (PPD) benefits under the Workers Compensation Act.

 

If I help you get PPD benefits based on the impairment rating then the Commission will award an attorney fee equal to 15% of the PPD benefits plus expenses. Usually expenses are limited to the cost of the impairment rating from a claimant-friendly physician.

 

Attorney Fee for Settlement

 

If I help an injured employee settle their claim, my fee is 20% of the settlement plus reimbursement of expenses incurred in preparing and prosecuting the case.

 

If an injured worker hires me after receiving a settlement offer from the insurance company, then my fee is the lesser of 20% of the total settlement amount or 50% of the difference between the settlement offer I negotiate for you and the offer you received before hiring me. This way you do not lose money by hiring an attorney.

 

You pay no fee if I’m unable to negotiate a better settlement for you.

 

Attorney Fee When the Employer or Insurance Carrier Acts Unreasonably

 

If the employer or insurer defends your claim without reasonable grounds, or files an application to suspend benefits without reasonable grounds, the Commission may assess against the employer or insurer the cost of the legal proceedings, including a reasonable attorney’s fee. You do not pay this fee. The insurance carrier does.

 

The Commission’s authority to penalize the employer or its insurance carrier for acting in bad faith is found in Section 65.2-713 of the Workers Compensation Act.

 

Can You Negotiate Lower Workers Comp Attorney Fees?

 

Virginia does not have a statutory cap on attorney fees in workers compensation cases. The Commission, however, has established informal caps.

 

The Commission usually stays out of the attorney-client relationship so long as the requested attorney fee is within the informal cap.

 

You may, however, ask an attorney to handle your case for a lower fee amount. Make sure you try to negotiate fees before you sign the retainer agreement.

 

Workmans Comp Litigation Costs: What Are the Typical Expenses and Costs in a Workers Compensation Case?

 

Many workers comp cases involve additional costs and expenses beyond the attorney’s fee.

 

These costs vary depending on the nature of your injury, the disputed issues, whether trial is required, and when your case resolves.

 

Most of the costs are related to developing medical evidence. Supportive opinions from physicians, surgeons, and other health care providers are needed to win your case.

 

Health care providers, however, rarely provide their written opinions free of charge. They expect to receive compensation for their time and expertise.

 

Some of the typical costs in workers compensation cases include:

 

  • Filing Fees. In Virginia there is no fee for filing a workers comp claim. There are, however, filing fees if you appeal your case to the Court of Appeals of Virginia or the Supreme Court of Virginia. But you can usually get these costs waived.

 

  • Fees for Subpoenas and Medical Record Requests. Medical records and reports are necessary to win your workers comp case. You need them to establish your injury, what treatment you’ve had, whether you’re able to work, and the extent of permanent disability. Obtaining these documents cost money, but I’m able to minimize medical record expenses under the HITECH Act. The costs for obtaining medical records is usually $10.00 to $250.00 per case.

 

  • Attorney Conference with Medical Provider (In-person or by phone): Often medical records are not enough to win your case. You will also need supportive opinion statements, reports, and questionnaire responses from treating physicians. To make sure a specific health care provider agrees with the theory of our case and is willing to provide a favorable opinion in writing, I often try to schedule a conference with the provider. If he or she agrees with our theory of the case, then I will ask the provider to write a report. If he or she disagrees with our theory of the case, then I will not ask for a report. But the conference is often necessary to know if the doctor is on my client’s side. Most doctors charge from $100.00 to $750.00 for a phone conference.

 

  • Fees for Physician Reports. If a doctor or surgeon agrees with my position then I will ask him or her to write a report or answer a questionnaire that addresses diagnoses, future medical treatment, work restrictions, disability, and causation. If my client has a pre-existing condition, such as degenerative disc disease or arthritis, then I will ask the doctor to state whether the work injury aggravated, accelerated, or flared up the pre-existing condition. Many physicians charge for these reports. The average cost is $50.00 to $500.00 per report.

 

  • Independent Medical Examination (IME). If the treating doctor releases you back to work before you are ready, or refuses to relate your ongoing disability to the work accident, you may need to obtain a second opinion. Sometimes private health insurance will pay for this second opinion if you have coverage. Otherwise you will have to pay for it. The average cost for an IME is $500.00 to $2000.00. If, however, your employer and its workers comp carrier send you for an IME, you pay nothing.

 

  • Permanent Impairment Rating: Your employer and its insurer are not responsible for paying for an impairment rating so that you can receive PPD benefits. You may have to pay for this rating out of pocket. Usually it costs $300.00 to $1000.00 for a workers comp impairment rating, depending on the number of body parts evaluated.

 

  • Physician Deposition. Sometimes it is necessary to take a doctor’s deposition to win your case. Usually this costs $1,000.00 per hour, with a 30-minute minimum. If this causes undue hardship you may ask the deputy commissioner presiding over your case to direct the physician to charge a lower fee for deposition.

 

  • Mediation Fees: The Commission offers workers compensation mediation free of charge if both parties are represented by an attorney. If you choose a private mediator, however, you may have to pay a fee to the mediator.

 

  • Court Testimony. You may need a health care provider or expert witness, such as an accident reconstruction expert, to testify at hearing. Usually the cost is $1000.00 to $2000.00 per hour, with a three hour minimum. Though common at jury trials for car accident cases and medical malpractice, in-person court testimony is often unnecessary in workers comp cases.

 

  • Court Reporter Fees: If you need to depose a witness you will have to hire a court report to take down the testimony. Court reporter costs are $100.00 to $500.00 depending on the length of the deposition and its location.

 

  • Expert Witness Fees. You may need to hire expert witnesses to win your case. This includes hiring an accident reconstruction expert or toxicologist. These persons are entitled to a fee for their time. Usually they charge $100.00 to $300.00 per hour.

 

  • Travel Expenses. Some attorneys will charge you for mileage incurred traveling to and from depositions and hearings. I do not.

 

  • Copying and Postage Costs. Some attorneys will ask you to reimburse them for copying and postage costs. I do not.

 

Average workers comp case costs and expenses range from $250.00 to more than $10,000.00.

 

Who Pays for Out-of-Pocket Workers Compensation Costs and Expenses?

 

I understand that many injured employees are not in the financial position to pay litigation expenses up front. And one of my goals is to minimize your financial stress while the work injury case is pending.

 

That’s why I pay for all or a portion of case expenses as they arise. Then I deduct these expenses from any settlement or award of benefits that you receive. You receive a written document that explains each case expense and includes receipts.

 

I try to keep litigation expenses as low as possible, while giving you the best chance of winning your case or negotiating a top-dollar settlement. Before spending money on a specific item I will discuss it with you and explain why I think it’s necessary to incur that litigation expense.

 

You have the right to choose not to move forward with that item.

 

Hire an Attorney Who Will Look Out for Your Best Interests

 

Your lawyer can make a big difference in the outcome of your case. Make sure you research top-rated workers comp attorneys in your area and hire the best one for you.

 

As part of your research make sure you understand what fee you’re expected to pay, whether the workers comp lawyer fee varies depending on the outcome of your case, and how litigation expenses are dealt with. Then make sure these details are put in writing.

 

Don’t let concern over how you’ll pay your attorney keep you from getting help. I work on a contingency fee basis, so you’ll never have to pay me up front.

 

If you have questions about the work comp claims process, or are ready to move forward with an attorney, call me for a free consultation: 804-251-1620 or 757-810-5614. I represent injured workers across Virginia, including those in Richmond, Williamsburg, Newport News, Norfolk, Virginia Beach, Fredericksburg, Roanoke, Harrisonburg, Fairfax, Manassas, and Winchester.

 

Corey Pollard
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