Attorney fees in workers’ compensation cases are generally “contingent fees,” meaning they are only payable to the lawyer out of funds collected for the injured worker, and if nothing is collected, there is no attorney fee. The fee is usually a percentage of the benefits collected, often 20% and sometimes less. The attorney fee is also limited to certain types of benefits. For instance, if you are out of work now, under active medical care and are receiving temporary total disability benefits, the attorney is not going to take a portion of these benefits that are being voluntarily paid.

The awarding of attorney fees is supervised by the state workers’ compensation commission or the administrative agency handling the claim. In Maryland that agency is the Maryland Workers’ Compensation Commission. In Virginia, workers’ compensation claims are administered by the Virginia Workers’ Compensation Commission. In the District of Columbia workers’ compensation claims are administered by the DC Department of Employment Services, Office of Workers’ Compensation. Federal cases such as Defense Base Act cases or Longshore and Harbor Workers’ Compensation Act cases, are handled by the US Department of Labor, Office of Workers’ Compensation Programs.

The lawyer’s fee is not due and payable unless and until approved by the Workers’ Compensation Commission. The system is regulated for the benefit of the injured worker so that anyone, no matter how difficult his/her financial circumstances may be, can afford a lawyer in a workers’ compensation case.

Give us a call or submit a written inquiry to us on the form on the left side of this page, and one of our workers’ compensation lawyers will be glad to discuss your case with you.