Workers’ compensation is critical for employees who’ve been injured at work. Unfortunately, the insurance companies that are responsible for paying workers’ comp may rule against the employee and fail to cover their full responsibility or even deny the claim altogether. A lawyer can be crucial to addressing the situation and getting the compensation that’s owed, but they will need to be paid for their services. How much does a workers’ comp lawyer cost in California?
How Workers’ Comp Lawyers Are Paid
While there can be some more creative arrangements made, generally, lawyers are paid in workers’ comp cases in two different ways, which can impact how much a lawyer will cost. One way that a lawyer may be paid is at an hourly rate. This often involves a retainer being set aside at the beginning of the process, and the initial compensation will be pulled from that retainer as the hours add up. However, there could be a requirement for additional funds should the case take longer.
While some lawyers will want an hourly rate in a workers’ compensation claim, there are many lawyers who will instead work on a contingency basis. The way this arrangement works is that they will take on the case and be paid on a percentage basis of the winnings only if the case is eventually settled out of court or won in court.
Ultimately, both of these arrangements leave a lot of room for the potential cost of a lawyer. For a lawyer being paid hourly, the combination of their rate and the time that the claim takes will determine their cost. This means that a claim involving a lawyer with a low rate, which is also settled quickly, could cost relatively little. However, if the case does go through litigation with a lawyer with a higher rate, it could be a relatively expensive situation.
When working with a lawyer on a contingency basis, the cost will be driven by the relative success of the effort to seek compensation. This means that the more money you receive in the process, the more the lawyer will be paid.
When you are deciding who to work with as your lawyer, it’s important to consider their compensation structure, among other factors. You want to make sure that you are working with someone who has a pay structure that you are comfortable with.
If you are concerned about keeping more of any eventual winnings and believe that your case is particularly strong, then an hourly structure may be right for you. However, if you are concerned that you may not have the funds to maintain a potentially lengthy process of litigation, then a contingency basis may be better for you.
FAQs
Q: How Long Does a Workers’ Comp Claim Take to Resolve?
A: How long it will take to resolve a workers’ comp claim can vary depending on the specifics involved in the claim. In some instances, a claim may be resolved quickly if both sides are motivated to resolve the issue through a settlement. However, if the claim will need to go through litigation, it will take much longer before the matter is resolved. Working with the right employer lawyer can be helpful in encouraging a quicker process.
Q: Is it Better to Settle a Workers’ Comp Claim or to Go Through Court?
A: Whether or not it’s better to settle a workers’ comp claim or go through court to resolve the issue will depend on the factors involved in the claim. The benefit of the court is that it holds the highest potential compensation. However, it can also carry the risk of a court ruling against the employee. That is why many claims are settled, which offers guaranteed compensation and is resolved more quickly. However, whether a settlement is right for you will depend on what’s being offered in your case.
Q: What if My Employer Retaliates Against Me for a Workers’ Comp Claim?
A: If your employer retaliates against you for a workers’ comp claim, it can be a serious issue. Retaliation against an employee is prohibited in several different circumstances, including when an employee files a workers’ compensation claim. Retaliation could involve firing an employee, but it can also include a number of other actions, such as giving the employee the most undesirable assignments, a worse schedule, harassing the employee, and other issues.
Q: Do You Have to Have a Lawyer to File a Workers’ Comp Claim?
A: While you do not have to have a lawyer to file a workers’ comp claim, it can often be a mistake to do so without the help of a lawyer. One reason is the complicated nature of filing, and a lawyer can be helpful in ensuring that it is done properly. However, it can also be helpful to have a lawyer who understands how to work through negotiations with the other side or make your strongest case in litigation if it should come to that.
Lawyers That Help Workers Seek the Compensation They Deserve
Workers’ compensation issues are some of the most complicated issues that exist in the law. They often involve their own specific courts and procedures, which are unfamiliar to most people and even some lawyers. Failing to follow proper procedure could negatively impact a claim and possibly lead to its rejection.
Employers are often working with lawyers who are particularly familiar with employment law and prepared to defend their clients. That’s why one of the most important decisions that an employee can make is having the right lawyer representing them in the process. They need someone familiar with all of the issues and comfortable with the processes necessary to get fair compensation.
Diefer Law Group has been representing workers in workers’ comp concerns for 20 years. We understand what it takes to reach a fair settlement for our clients, and when that isn’t attainable, we are confident in our ability to make their strongest case in litigation. If you have concerns regarding a workers’ comp issue, contact our offices to discuss how we may be able to help you seek what you are owed.
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