Many injured workers fail to obtain workers comp benefits because they do not have a lawyer to represent them. The reason why they choose to fight this legal battle on their own is because they believe they can’t afford to hire a Jacksonville workers comp lawyer.
We will approach the issue of the cost of hiring a lawyer and show that everyone can afford professional legal representation in workers’ compensation cases.
Most Workers Comp Lawyers Use a Contingency Fee
Attorneys know that an injured worker is already getting into debt with the medical care costs and lost wages. This is why they work on a contingency fee basis. This is a type of retainer agreement used in workers’ compensation and personal injury cases.
Instead of charging by the hour and demanding advance fees, the lawyer retains a percentage of the settlement or jury award they manage to obtain for their client. This is a win-win situation for both parties.
On one hand, any person can afford to hire an attorney. On the other hand, lawyers analyze cases carefully before accepting them and use their best efforts to win each case. If the lawyer loses, the case, they don’t get paid anything.
How Much of the Settlement Will the Attorney Retain?
At this point, it is important to mention that Florida laws control how much a workers comp attorney can retain out of the benefits or settlement amount they manage to secure.
Section 440.34 of the Florida Statutes stipulates that the lawyer may retain the following maximum percentages:
- 20% of the first $5,000 of benefits
- 15% of the next $5,000
- 10% of any remaining benefits payable during the first 10 years
- 5% of any benefits payable after the first 10 years.
If You Have a Good Employer, Do You Still Need a Lawyer?
If you have a good relationship with your employer, you may not want to lawyer up when it comes to filing a workers comp claim. You don’t want to appear aggressive, plus you trust that your employer will do the right thing and approve your claim.
However, the employer does not play any role in a workers’ compensation claim, apart from the obligation to report your accident to the insurance company and provide you with the necessary paperwork.
From that point onwards, your claim will be handled by an adjuster working for the insurance company and protecting their best interests. And this means finding holes in the most solid case to deny your claim or, at least, reduce the value of your benefits.
Your best chance of getting fair benefits is to hire a Jacksonville workers comp attorney to file your claim and negotiate with the insurance adjuster.
What Factors Influence the Rates Charged by Lawyers?
Not all lawyers charge the same percentage rates. However, you should not pick the lowest offer you get. The amount attorneys charge is based on various factors.
- The complexity of the case – A good attorney knows when they are faced with a difficult workers comp claim, requiring more work to win it
- The lawyer’s experience – When it comes to legal professionals, you usually get what you pay for. A reputable attorney may charge more but will have greater expertise.
- Additional expenses – In some cases, the attorney will have to hire expert witnesses or pay fees to access various documents to be used as evidence.
Call Our Experienced Jacksonville Workers Comp Lawyers!
Trying to win your workers comp claim on your own is very difficult. On one hand, you have to follow the doctor’s orders and go to various treatments and checkups. On the other hand, you must follow rules and deadlines for filing different documents. Finally, you will be faced with a trained and skilled adjuster who will try their best to deny your claim.
You will need an equally well-trained and skilled Jacksonville workers comp lawyer to prove your case and negotiate benefits that include all medical care costs plus replacement wages.
As a new client, you get a free case review to understand your legal rights and the chances to win your case, so call us today at 954-448-7355!