What Are Compensation Requirements?

Workers compensation is a complicated and controversial topic. There are several important questions that arise in the course of handling workers compensation cases. How do I know what my case is worth? What should I pay for legal representation? Can I afford to hire an attorney? How much will I get paid for my settlement?

What Is Workers Compensation?

Workers compensation is a form of insurance that compensates employers for injuries to their employees. This type of coverage typically applies to those who work for companies and are injured on the job. A workers compensation policy covers costs associated with medical expenses, lost wages, disability payments and rehabilitation. An employer can purchase coverage for their employees. Employees can also obtain coverage for themselves, but generally at higher premiums.

Workers compensation cases are handled differently depending on whether the employee was working for a business or was self-employed. Self-employed individuals do not have access to workers compensation benefits. If the injury occurred while the person was performing services for a business entity, the employer can be held responsible for the injuries. If the injured individual is self-employed, he or she is usually responsible for paying for any necessary medical treatment and/or rehabilitation.

The average cost of a workers compensation case can vary depending on the type of injury, the nature of the injury and how much time and money the injured party needs to recuperate. For example, if a person was involved in a serious accident and needed surgery to repair a broken bone, the medical expenses can add up quickly. There are several types of workers compensation cases:

1. Compensation for lost wages and benefits. These claims are usually handled by a workers compensation lawyer or an attorney that specializes in workers compensation. The amount of compensation can depend on the type of injury sustained, whether or not there is permanent disability, and the severity of the injury.

2. Compensation for medical treatment. Injured individuals can receive medical treatment for the injuries suffered and the employer must cover the cost. The amount of compensation can vary based on the type of medical treatment required, such as surgery or physical therapy.

3. Disability benefits. A disability benefits claim is filed to ensure that the injured party receives income while recovering. This type of benefit can be paid directly to the injured person or to a third party that takes care of him or her.

4. Social security benefits. Injured workers may be entitled to receive social security benefits as well. The amount of benefits can vary depending on the circumstances.

5. Rehabilitation benefits. If the injured individual is still unable to return to his or her previous job due to the injury, he or she may receive help with vocational rehabilitation. The amount of compensation can vary.

6. Uninsured and underinsured motorist benefits. If the injured person is involved in a car accident caused by another driver who does not carry the proper insurance, he or she may be eligible to collect benefits from the uninsured or underinsured motorist.

7. Death benefits. If the injured individual dies due to the accident, the deceased's family can receive financial compensation from the insurance company. The amount of death benefits can vary depending on the circumstances.

8. Legal fees. Workers compensation cases are extremely complex and it can take a lawyer to properly represent an injured person. The amount of compensation awarded can vary depending on the type of case and the amount of time it takes to settle.

How Much Does a Workers Compensation Lawyer Get Paid?

When a workers compensation case settles, the worker's attorney gets a percentage of the settlement amount. This fee is known as the "contingent fee." It is customary for the attorney to receive 30 percent of the settlement or more. However, the actual amount the attorney will get paid can vary. The attorney will get paid more if the case is successful, the claimant is less severely injured and the injury is permanent. In addition, the attorney will receive more compensation if the claimant was previously employed by the same employer.

The contingency fee also depends on the type of workers compensation case. In some cases, the attorney will charge an hourly rate. The amount of compensation the lawyer will get paid for each hour worked depends on the type of case and the size of the settlement. If the attorney is successful in a case, he or she will likely get paid for all of the time spent working on the case. If the claim is unsuccessful, the attorney will only be paid for the hours that were actually worked.

In some states, the attorney will only be paid if the client wins. This type of fee agreement is known as a "no-fee" arrangement.

How Do I Know What My Workers Compensation Case Is Worth?

Workers compensation lawyers do not operate in a vacuum. In fact, they often work with experts in the field of medicine, psychology, ergonomics and many other areas. They are able to determine what a person's injuries are worth. An experienced lawyer can also assist in determining the total value of the claim.