404-636-4900 After a workplace injury, employees generally seek guidance from a legal expert to help them successfully file a workers’ compensation claim. But to make informed decisions in your pursuit of financial support in Georgia, you must understand how workers’ compensation lawyers get paid in the state and what’s included in their fees.
After this article, you’ll walk away fully aware of your legal options and their associated costs.
Workers’ Compensation – When Attorneys Get Paid
Many workers’ compensation lawyers in Georgia only get paid after successfully solving the case in favor of the injured worker. For example, our Atlanta workers’ compensation lawyers use a contingency fee payment structure, which means the attorney gets paid a percentage of the settlement or award once they’ve successfully secured compensation for the worker.
At Deming Parker, we believe this arrangement benefits both parties. It ensures that injured workers can access legal representation without any upfront costs while motivating us to achieve the best possible outcome for you.
Potential Benefits of Hiring a Lawyer
There are many reasons why injured workers seek expert legal guidance and support after a workplace injury. Some of them include:
- Maximize benefits: Experienced attorneys know how to navigate Georgia’s workers’ compensation system, ensuring you receive the maximum compensation possible for your case.
- Expert negotiation: Lawyers can effectively negotiate with insurance companies on your behalf to secure a fair settlement while avoiding lowball offers.
- Legal advocacy: An attorney will represent you at hearings and appeals, providing a strong defense against claim denials.
- Reduce stress: Having a lawyer handle all your case’s legal aspects allows you to focus on recovery without the added stress of managing your claim.
- Avoid costly mistakes: Lawyers help prevent common pitfalls and mistakes that could threaten your claim validity or reduce your compensation.
Contingency Fees – How Lawyers Get Paid
As we stated earlier, contingency fees are a payment arrangement where attorneys only receive compensation if they win their client’s case. In Georgia, this is regulated under O.C.G.A. § 34-9-108, which outlines specific guidelines for attorney fees in workers’ compensation cases.
For example, according to the statute, workers’ compensation lawyers can charge a maximum of 25% of the weekly benefits or settlement awarded to the client, but not more, and only after they win the case.
Besides enabling injured workers to access legal representation without any upfront costs, this fee structure incentivizes attorneys to work hard to secure compensation, as their payment is directly tied to the case’s success.
Additional Costs
Workers’ compensation settlements typically cover specific benefits like medical bills and lost wages but don’t include all the additional costs associated with pursuing a claim.
That’s why you might have to cover some extra expenses besides contingency fees, such as filing fees, obtaining medical records, and paying for expert witness fees.
Some lawyers cover these costs upfront and then deduct them from the final settlement, preventing you from facing financial strain during the legal process. In fact, without worrying about immediate out-of-pocket expenses, you can better focus on recovery.
To fully understand your financial responsibilities, make sure to discuss potential expenses with your attorney first. Some simpler cases may not even incur additional costs. At our law firm, our team will explain the fee arrangement and any extra expenses upfront, ensuring there are no surprises regarding your case costs.
Determining Your Net Settlement After Legal Fees
Your final settlement will be affected by legal fees and other associated costs. To determine your net settlement after legal fees in a workers’ compensation case, here’s what you need to consider:
- Start with the total settlement amount: This is the amount awarded to you from your workers’ compensation claim.
- Deduct attorney’s fees: Workers’ compensation attorneys in Georgia typically charge up to 25% of the settlement amount. So, calculate 25% of your total settlement and subtract this from the total amount.
- Subtract additional case expenses: These include all other costs, besides legal fees, associated with your case. Your attorney should provide a detailed list of these expenses.
Calculating Your Net Sum
So, the total value of your case includes the settlement amount, attorney’s fees, and any additional costs. After deducting the fees and other expenses from the settlement amount, the remaining amount will be your net sum.
For example, if your total payment is $20,000 (which is slightly below the average workers’ compensation settlement in Georgia), the attorney’s fee would be $5,000 (25% of $20,000). If additional expenses amount to $1,000, you would subtract these from the remaining $15,000, resulting in a net settlement of $14,000.
It’s essential to consider these expenses when determining your financial recovery. By factoring in these deductions, you can have a realistic view of what you will receive and plan more effectively for the future.
Rejected Workers’ Compensation Claim
You typically won’t owe any fees if your workers’ compensation claim is unsuccessful. Moreover, when benefits aren’t paid within the proper time frame or when the claim is denied without reasonable grounds, the judge assigned to the case can even order the insurance company to pay some of the attorney’s fees.
Contact a Workers’ Compensation Lawyer Today
Hiring a knowledgeable attorney can significantly improve your chances of a favorable outcome when pursuing a workers’ compensation claim. Our team is ready to provide the necessary advice and legal representation for you to secure the maximum compensation possible for your case.
But first, we need to know about your case to evaluate its potential value and the best strategy to pursue moving forward. Don’t hesitate to contact us today to schedule a free consultation. With no upfront costs whatsoever, we can discuss your legal options and help you pursue legal action in Georgia.
