How Are Attorney Fees Handled in a Workers’ Compensation Case?

Your initial workers’ compensation claim may have been denied, and now you need legal representation to appeal it. However, after not yet receiving aid for your medical bills and lost wages, you may be hesitant to take on a likely considerable legal expense. But we encourage you to look at this as a strategic investment to gain financial relief in the future. With that being said, please read on to discover whether you can get your attorney fees covered when pursuing a workers’ compensation case, and how a seasoned attorney of workers’ compensation benefits in Florida, at The Law Firm of Kevin A. Moore, can help make sure you do not experience yet another monetary setback.

Will my attorney fees be covered after my workers’ compensation case?

Say that you appealed the decision on your initial workers’ compensation claim because you believe your employer’s insurance carrier wrongfully denied your benefits. If you successfully prove this and overturn the decision, the judge may also order that the insurer pay for your attorney fees. 

However, if your legal circumstances do not exactly align with this, you may be responsible for this cost. The silver lining here is that it will not be treated as an out-of-pocket expense; it will simply be taken out of your recovered benefits amount. This means that your payments may be slightly reduced, but the judge will ensure that these fees do not exceed the statutory cap.

What happens to my attorney fees if I lose my workers’ compensation case?

Florida’s workers’ compensation attorneys generally work on a contingency basis. This means if your workers’ compensation claim is denied and you lose your case, you generally do not have to pay out-of-pocket for the attorney who represented you. However, costs may be associated with pursuing the case itself, such as filing fees, medical record requests, expert witness fees, and more.

Still, we ask that you please reach out to our firm and become well-advised on our enforced policies before you make any decision regarding your pending case. Either way, if your initial claim is rejected, we will likely recommend filing a Petition for Benefits with our services to initiate the appeal process. Again, if we can get you the win here, that means we can also potentially relieve you of your looming attorney fees. 

If money is a main concern of yours, you may rest easier knowing that your initial consultation with us is free of charge. From here, we will not only fight to ensure that you earn the workers’ compensation to which you are entitled, but also that your legal fees can be taken care of. So please schedule an appointment with a competent attorney of workers’ compensation benefits in Florida, from The Law Firm of Kevin A. Moore, at your earliest possible convenience.