How a Workers’ Compensation Lawyer Gets Paid

If you have been injured at work, missing paychecks and facing a lot of medical bills, the idea of hiring an attorney who can help you recover the benefits you deserve may seem unwise or even impossible.

It is important to know that Minnesota law requires workers’ compensation lawyers work on a contingency fee basis, which means he or she only gets paid if the attorney helps the client obtain benefits. A Minnesota compensation judge will determine the amount an attorney is paid, and that fee will be deducted from the lump sum amount that you are awarded. The attorney fee is based on a number of factors, including the complexity of the case and how much time the lawyer spent developing the case.

Attorney Jackson Baehman of Baehman Fitzgerald in the Twin Cities area wants you to know what to expect when it comes to paying your attorney, so here are some facts you should know:

• Contingency fee — Since October 2013, state law dictates that your lawyer can only receive 20 percent of the first $130,000 you receive for your compensation.
• Legal costs — You may also need to pay for costs incurred by a lawyer to develop your case, such as the cost of medical records and expert witnesses who testify at your hearing. Since 1995, the law states that lawyers can charge no more than $13,000 in these types of fees.
• Excess fees — If an attorney wants to obtain a fee larger than $13,000, a compensation judge must decide if they will allow it. Factors for excess fees include the amount requested, the efforts the counsel made, how difficult the issues were, the quality of proof they can offer and the outcome of the case.