One of the reasons so many workers comp plaintiffs don’t call a workers comp lawyer in Miami is because they don’t think they can afford it. It’s one thing when you’re suing someone under personal injury. You know there’s a 95% chance your case will settle. Your attorney will take their cut – usually 33-40% – and you get to keep the rest. Of course, this is only after you’ve paid back anybody who was still owed money as a result of the case.
However, how much can your workers comp lawyer in Miami possibly make if you end up collecting weekly benefits for years on end? Here, we’ll discuss how your attorney will be paid. We’ll break down who gets paid first and what percentage they receive. Finally, we’ll explain what the fee schedule in Florida is for a workers comp lawyer in Miami.
Most Miami Workers Compensation Attorneys Work on a Contingency Basis
You will find that a workers comp lawyer in Miami operates the same way personal injury lawyers do when it comes to payment. Your attorney doesn’t charge you an hourly fee or even a flat fee. Instead, they charge a contingency rate instead. For example, in most injury cases, your attorney would collect 30% of your total recovery. If you settled your case for $100,000, your attorney would be entitled to $30,000.
However, with workers compensation, it’s a bit different. Instead of getting a percentage of your entire settlement or damages, your attorney is paid on a sliding scale. The more money you receive, the lower the percentage is your attorney can collect. This will be explained in more detail below.
Florida Does Limit the Amount Your Workers Comp Lawyer in Miami Can Charge
In Florida, the lawmakers limit the amount your workers comp lawyer in Miami can charge. It is based on a graduated scale. The fee schedule is as follows:
- Your workers comp lawyer in Miami can take 20% of the first $5,000 you collect
- They can then take 15% of the second $5,000 you receive
- Your attorney is only entitled to 10% of the remaining monies paid out to you for up to ten years
- If there are monies still due beyond the 10 years, your attorney will be allowed to collect 5% of this money
We feel it’s important to explain this. With most personal injury cases, your attorney can collect anywhere from 30-40% of your total settlement. Things obviously work a bit differently with workers compensation law.
It is Easier for Everyone Involved if Your Case Ends Up Settling
When we first meet with a new client, they come to us guns blazing. They can’t believe their employer denied their workers compensation claim. They know that they got hurt on the job. Their coworkers and people who witnessed the accident know you were hurt on the job. So why is your employer and their insurance company giving you such a hard time?
Sadly, the insurance company’s approach will usually change based on the progression in the case. For example, when you first file your claim, they may dismiss it right at the outset. They realize the claim is going to be large and would rather take their chances in court. At some point along the way, the insurance company reaches out to your workers comp lawyer in Miami and asks if you’re interested in a settlement. And, for the reasons discussed above, there’s a good chance you’ll be amendable to a settlement offer.
You’ll Have to Reimburse Your Workers Comp Lawyer in Miami for Any Fees or Costs
Throughout the course of your case, there are going to be certain fees, costs, and expenses that need to be paid. We very rarely ask a client to pay these costs and fees upfront. Instead, we front these expenses and then, when you settle your case, you reimburse us. The last thing your workers comp lawyer in Miami would want to have happen is a client miss out on certain aspects of their case because they couldn’t afford the associated fees.
It’s important to understand that these costs are not paid back until your workers comp lawyer in Miami has taken their fee. Their fee comes off of the total gross dollars you receive. It is only after this is done that any other costs, fees, or third parties are paid back. For example, if your private health care insurance paid for some of your medical care, they’ll expect to be reimbursed. Your employer and their insurance carrier can do this directly. Or, as is usually the case, your workers comp lawyer in Miami will have to pay them out of your settlement proceeds.
The Goal is to Get You the Compensation and Benefits You Deserve
When you hire a workers comp lawyer in Miami, our goal is to get you the benefits you deserve. If the insurance carrier (or your employer) denied your workers compensation claim, you can turn to an experienced Miami workers compensation attorney for help. We can help you file an appeal and, if need be, file suit against your employer.
When we meet with new clients for the first time, they seem to be afraid to ask us the really hard questions. For example, they seem hesitant to ask our associates how our firm is paid. They are also afraid to ask what happens if they lose their case. This is why we feel it’s important to explain these things here, so people have an idea of how payment works in a workers compensation case.
If you have any questions about your own workers compensation claim, give us a call. We can always schedule your free, initial consultation over the phone. Or, if you prefer, you can do this through our website. Since we offer all clients a free consultation, you have nothing to lose. Plus, you know your employer will have a team of lawyers working for them. You deserve to have someone in your corner too.