If you are injured in a workplace accident, you might consider hiring an attorney to file a claim. Experienced workers’ comp lawyers in Las Vegas investigate your workplace injury, gather evidence to develop a case, and fight to get you all workers’ comp benefits you are entitled to receive by law.
When you hire a workers’ compensation lawyer, your lawyer files all required documents, represents you in court, and negotiates lump-sum settlements with the workers’ compensation insurance company. In many cases, injured workers who hire a workers’ comp attorney have a better chance of winning their workers’ comp case.
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How Much Do Workers’ Compensations Lawyers Charge in Nevada?
Lawyers generally charge legal fees for a workers’ compensation claim as they do for other personal injury cases, including truck accidents, medical malpractice, and wrongful death. They work on a contingency fee basis.
The lawyer agrees to accept a percentage of the workers’ compensation benefits or settlement they recover for you as their attorneys’ fees. If the attorney fails to recover any money for your workers’ comp claim, you do not pay any attorneys’ fees.
The percentage for a contingency fee may change during the case. For example, the attorney may charge a small percentage if the case settles before filing an appeal. However, the fee may increase if the lawyer files an appeal or has to argue the case in court.
Charging a contingent fee eliminates upfront retainer fees. In other words, hiring a workers’ compensation lawyer to handle your claim does not cost you anything upfront. Contingency fees also encourage lawyers to work diligently to recover the maximum amount for your workplace injury claim. The lawyer is paid based on how much they recover for you.
Contingency fees also allow people to receive quality legal services even if they cannot afford to pay money to hire a lawyer. Therefore, if you have been unable to return to work, you can still have an attorney handle the workers’ comp claim process even if you are struggling to pay expenses while out of work.
Can You Negotiate Attorneys’ Fees for a Workers’ Comp Case?
During your initial consultation with a lawyer, the attorney discusses the fees for hiring the law firm. Generally, workers’ compensation lawyers charge the fees permitted by law for handling claims. However, you can ask an attorney to lower the percentage for a contingency fee.
Factors that impact the amount of the contingency fee an attorney may charge include, but are not limited to:
- The complexity of the workers’ comp case
- The time restrictions for your case
- The time and effort the attorney expects to spend on your case
- The rates charged by other attorneys in your area
- The lawyer’s level of skill and experience
Most lawyers in Las Vegas charge similar fees for handling claims. Therefore, you should focus on hiring a lawyer who has experience handling workers’ compensation cases. You want an attorney with extensive skills, knowledge, and resources developed over years of representing injured workers.
Other Charges and Expenses Related to a Workers’ Compensation Case
In addition to attorneys’ fees, clients are typically responsible for paying the costs of pursuing a claim. These out-of-pocket costs can include, but are not limited to:
- Filing fees
- Deposition fees and costs
- Fees paid to medical experts and other expert witnesses
- Travel costs and mileage for attorneys
- Payment to a physician for an independent medical examination
- Costs for copies of medical records and medical bills
- Postage and copying costs
The contingency fee does not cover these costs. The contingency fee only pays the lawyer for legal services.
Many law firms pay the costs as they are incurred. However, you will need to reimburse the law for costs from your workers’ compensation settlement.
Before you sign an agreement to hire a workers’ comp attorney, discuss how the costs of the case are paid. Ask if you are expected to pay the costs during the case or if the law firm deducts the costs from your workers’ comp money. Make sure to ask if you are responsible for paying the costs if the lawyer does not win your case.
When Should You Hire a Workers’ Compensation Lawyer to Handle Your Case?
Most employers in Nevada are required to have workers’ compensation insurance coverage. The workers’ compensation system provides benefits for employees injured on the job. Workers’ compensation benefits include medical care, temporary total disability payments, and other benefits.
Workers’ comp is a no-fault system. You do not need to prove that your employer caused your injury to receive benefits. Therefore, the workers’ compensation claims process should be straightforward. You prove you were injured at work, and you should receive workers’ comp benefits.
However, insurance companies and employers often fight claims to avoid paying benefits. You might need to hire a workers’ compensation lawyer to handle your case.
Situations that indicate you need to hire a workers’ comp lawyer include:
- Your employer or its insurance provider disputes your claim
- You sustained permanent impairments or injuries because of a workplace accident or occupational illness
- The insurance company accuses you of intentionally causing your injury
- You do not have strong medical evidence supporting your claim
- The workers’ insurance company refuses to pay you benefits after a work injury
- You have injuries or medical issues that prevent you from performing your job tasks
- The insurance provider or employer offers you a settlement, and you are unsure whether the amount compensates you fully for all damages
- Your employer or the insurance company denies your claim, and you need to file an appeal
- Your employer retaliates against you for filing a workers’ comp claim
- You are being accused of being drunk or on drugs at the time of your injury
Workers’ comp attorneys understand the law and how insurance companies try to avoid paying workers’ comp benefits. Therefore, they understand how to fight for the benefits you deserve. Law firms also have the resources to hire medical experts and expert witnesses to help prove your case.
Schedule a Free Consultation With Our Law Vegas Workers’ Compensation Lawyers
Workers’ compensation laws can be confusing. You could be entitled to additional benefits and compensation after being injured at work. Contact our law firm at (702) 570-9000 to schedule a free consultation with an experienced Las Vegas workers’ compensation attorney.