The Ohio workers’ compensation system was established to provide injured workers with weekly wage replacement and access to medical care, but applying isn’t straightforward. The paperwork can be complicated and your compensation claim can even be disputed or denied.
You need to hire a skilled workers’ compensation lawyer to be sure your interests are represented from the outset, but you may be wondering whether you can afford it.
The good news is that workers’ compensation attorneys in Ohio like Plevin & Gallucci typically work on a contingency fee basis, meaning they only get paid if they secure benefits or a settlement for you. In addition, more often than not, the fees an attorney charges are for benefits you would be unlikely to receive without their assistance. In this blog, we’ll break down exactly what you can expect when it comes to lawyer fees, so you can make informed decisions when seeking legal representation.
How Workers’ Compensation Lawyer Fees Work in Ohio
In most workers’ compensation cases, attorneys do not charge hourly fees or upfront retainers. Instead, they work on a contingency basis. This means their payment is tied to the outcome of your case – they only get paid if they help you secure benefits, a settlement, or another favorable result.
Percentage of Your Benefits or Settlement
In Ohio, workers’ compensation lawyers typically charge a percentage of the benefits or settlement amount they recover on your behalf. The typical fee is 33 ⅓%, however, that usually only applies to certain benefits recovered.
For example:
- If your workers’ comp attorney helps you secure a settlement of $7,500, and their fee is 33 1/3%, their payment would be $2,500. You would receive the remaining $5,000.
- If they recover past temporary total disability benefits totaling $15,000 for you, and the fee is 33 1/3%, their payment would be $5,000 and you would receive $10,000.
No Recovery, No Fee
Most Ohio workers’ compensation attorneys operate on a “no recovery, no fee” basis. This means that if they are unable to recover any benefits or settlement for you, you won’t owe them anything for their services.
What Fees Typically Cover
When you hire a workers’ compensation attorney in Ohio, their fees generally cover a range of services. They include:
- Case Evaluation and Strategy Development: Your attorney will start by evaluating your case, reviewing medical provider records, employment history, and the details of your workplace injury. Based on this information, they’ll develop a strategy tailored to your situation, whether that involves filing an initial claim, appealing a denial, or negotiating a workers’ compensation settlement.
- Filing Paperwork and Meeting Deadlines: The workers’ compensation process involves strict deadlines and detailed paperwork. Missing a deadline or submitting incomplete documentation can jeopardize your claim. Your attorney will handle all of this for you so that everything is filed accurately and on time.
- Representing You at Hearings: If your claim is disputed or denied, your attorney will represent you at hearings before the Ohio Industrial Commission (OIC). This includes presenting evidence, cross-examining witnesses, and advocating for your rights.
- Negotiating Settlements: If your case involves a lump-sum settlement, your workers’ comp attorney will negotiate with the insurance company to secure the best result. This process often requires experience in dealing with insurers, who may attempt to undervalue your claim.
Costs Beyond Attorney Fees
It’s also important to understand that pursuing a workers’ compensation claim may involve additional costs, often referred to as case expenses. These expenses are typically related to building and presenting your case and may include:
- Medical Record Retrieval: Obtaining copies of your medical treatment records is often necessary to prove the extent of your job-related injuries.
- Expert Witness Fees: In some cases, your attorney may hire medical experts or vocational specialists to provide reports or testimony about your condition or ability to work.
- Deposition Costs: Depositions of witnesses or medical professionals may be required, and there are costs associated with court reporters and transcripts.
Most attorneys will discuss these potential expenses upfront and may even cover them during the case, deducting them from your settlement or monetary award if your case is successful.
Free Consultations: What to Expect
Most Ohio workers’ compensation attorneys offer free consultations, so you can discuss your case and ask questions about fees without any obligation. During the consultation, the attorney will:
- Review the details of your work-related injury;
- Explain how contingency fees work and what percentage they charge;
- Discuss any potential case expenses and how they will be handled;
- Provide an honest assessment of your case and whether they believe they can help.
A reputable workers’ compensation attorney will be upfront about their fees and any additional costs involved in your case. They’ll explain how their payment structure works and provide a clear agreement outlining their percentage and how case-related expenses will be handled. If you have any questions or concerns about fees, don’t hesitate to ask. Open communication is essential for building trust and ensuring a positive attorney-client relationship.
When to Speak with a Workers’ Compensation Lawyer
At Plevin & Gallucci, we recommend that any injured worker speak to an experienced lawyer about their claim before the claim is filed. There also are situations where having an attorney is especially critical to protecting your rights. If any of the following apply to you, it’s time to seek legal advice:
- Your Employer Disputes Your Injury: If your employer downplays your injury or illness – or outright denies it happened at work – they might try to block your claim. Workers’ compensation is funded by employers, and some may worry that accepting claims will raise their insurance premiums. A lawyer can ensure that your medical evidence is presented properly and that your case isn’t unfairly denied.
- You Face Retaliation for Filing a Claim: It is illegal for your employer to punish you for pursuing workers’ compensation. Retaliation can take many forms, such as reducing your hours, demoting you, or creating a hostile work environment. If you experience this, a workers’ compensation attorney can help hold your employer accountable and protect your job.
- Your Employer Blames a Pre-Existing Condition: Some employers or workers’ compensation insurers may argue that your current injury or illness is related to a pre-existing medical condition and therefore not eligible for compensation. An attorney can present medical evidence that clearly shows how your workplace caused or aggravated the condition.
- Your Medical Bills Are Denied: Workers’ compensation is supposed to cover medical treatments directly related to your workplace injury or illness. If you’re struggling to get certain treatments or bills covered, a lawyer can help appeal denials and fight for the care you need.
- You Suffered Severe or Permanent Injuries: Life-changing injuries – such as paralysis, amputations, or conditions that leave you with a permanent disability – often come with higher costs and long-term consequences. Employers or insurers may try to limit your workers’ comp benefits in these situations to save money. A lawyer will fight to make sure you receive appropriate compensation for lost earning potential, ongoing medical care, and other long-term effects.
While some workers’ compensation claims proceed smoothly, many do not. Filing a claim without an experienced attorney can leave you vulnerable to denied benefits, reduced compensation, or unnecessary delays. Even if your claim is accepted initially, challenges can arise later in the process, and you might be left unprepared to defend your rights.
For example:
- If your workers’ comp claim is denied, you may need to appeal the decision. Without experience, it can be difficult to gather the right evidence and make a convincing argument.
- You may overlook certain benefits you’re entitled to, leaving money on the table simply because you don’t know the system’s full scope.
An experienced workers’ compensation lawyer knows how to handle these challenges. They can identify the benefits you qualify for, gather medical records and other evidence, and advocate for you at every stage of the workers’ comp process. Their guidance helps ensure you don’t miss out on compensation you’re legally entitled to receive.
Get a Free Consultation From an Ohio Workers’ Compensation Lawyer
With contingency fees, you can access experienced legal representation without worrying about paying upfront, and your attorney will only get paid if they successfully recover benefits or a settlement for you.
At Plevin & Gallucci, we believe every injured worker deserves fair treatment and strong representation. If you have questions about workers’ comp lawyer fees or need help with your claim, contact our law firm today for a free consultation. You can call 855-4PLEVIN, fill out our contact form, or click in the bottom right-hand corner of the page to chat with an agent. Take the first step toward protecting your rights and getting the support you need – without the financial stress.
