The attorney will most likely forward expenses associated with handling the case, which are reimbursable out of any past due benefits or award before computing the fee. If an attorney is successful in obtaining a settlement on your behalf, different fees apply. A workers' compensation settlement is known as a redemption. If a person is receiving benefits on a voluntary basis at the time of the settlement, and no dispute exists, then the maximum attorney fee is 10 percent. If a workers' compensation case proceeds to trial, and proofs presented in the case are complete, then the attorney can charge a fee of 20 percent of the amount of any settlement.
All attorney fees are subject to approval by a magistrate.
An experienced workers'compensation attorney should be able to provide you with advice and may not charge you a fee unless workers' compensation benefits are obtained on your behalf. If you have been injured at work or suffer from an occupational disease, and are off work for more than eight days, your employer or its insurance company is responsible for paying you for your lost wages. Your lost wage benefits are determined by averaging the highest 39 weeks of your earnings for the 52 weeks prior to the date of your injury. If you worked less than 39 weeks for the particular employer where you were injured, then your average weekly wage is based upon the total number of weeks that you've worked. Your employer is required to supply this information to their insurance company or make the necessary calculation.