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FEES & COSTS Attorney's fees in Workers' Compensation cases are set by law at no more than 20% of any funds or benefits we help you recover. People are sometimes hesitant to hire a lawyer to represent them in their Workers' Compensation claim because they're worried that their lawyer will withhold 20% of each weekly or monthly benefit check. They know a lawyer would be able to help them and they realize that if they don't get legal advice, they will always be concerned that they got inadequate medical treatment or less benefits in the long run. But they just don't feel they could survive financially if they had to pay someone 20% of their already-reduced income. I agree. It's a difficult situation. So, in most cases, I do not withhold fees from my clients' weekly or monthly benefit payments. Attorneys fees are paid only from the final settlement of the claim. You do not have to pay anything "out of pocket" while your claim is going on. You should be able to have an attorney represent you in your Workers' Compensation claim without it making a difficult financial burden even worse. And remember, I always offer a free telephone or email consultation if you want to ask questions so you can decide whether I would be the right person to work with you on your claim. Because of the way the laws are set up, I have to make two exceptions to my general rules that I do not withhold fees from my clients' periodic benefits and that fees are paid only from final settlements. First, if you've been represented by another attorney in your claim, you may owe that attorney for the services they performed. You will probably not have your fees reduced simply by switching lawyers, but your total fee will never be more than 20% of the benefits you receive. Secondly, if your claim has been denied by the insurance company, you're not receiving benefits and we file a proceeding with the Court that eventually results in you being paid benefits on a weekly or monthly basis, a fee may be payable on those benefits. Finally, some people have already negotiated a settlement directly with the Workers' Compensation insurance company, but would like to have a lawyer look over the documents and answer some questions before the parties sign the documents and submit them to the Judge for approval. For example, do the documents really say what you meant for them to say? Do they accurately reflect your agreement with the insurance company? What impact will your settlement have upon any Social Security, Medicare, Long-Term Disability, Retirement Pension, health care or other benefits you may receive? If you've already negotiated a settlement that has not yet been approved by the Court, I will review the documents with you, help you work with the insurance company's representatives to make any changes that you believe the documents need and represent you in the settlement approval process before the Court. Having an attorney assist you with your settlement can have many obvious benefits, including simple things such as the fact that you don't have to go to Court and appear personally before the Judge to have your settlement approved if you are represented by an attorney. The fee for representing you in the final steps of your claim after you've already negotiated a settlement on your own is based on the number of hours that I work on your claim. The fee usually works out to be only a small fraction of the 20% attorneys fee typically paid in a Louisiana Workers' Compensation claim. The fee must be reviewed and approved by the Workers' Compensation Court. I strongly suggest that you don't try to negotiate your own settlement. But if you've already done it and you would like for a lawyer to go over the documents with you, we can help. My practice is limited to representing individuals in Workers' Compensation and Social Security Disability claims. If you or someone you know needs a free consultation about a Louisiana Workers' Compensation or Social Security Disability case, please call me at (800) 851-9405 or send me a note using the form at the top of this page. |
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David Buie, Louisiana Workers Compensation Attorney and Social Security Disability Attorney, 650 Poydras Street, Suite 1400, New Orleans, LA 70131, (800) 851-9405 / Fax: (866) 702-5297 Representing claimants in: Alexandria Baton Rouge Bossier City Covington Gretna Hammond Harahan Harvey Houma Kenner Lafayette Lake Charles Laplace Marrero Metairie Monroe New Iberia New Orleans Opelousas Ruston Shreveport Slidell Terrytown |
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