How Much Will I Have To Pay An Attorney To Represent Me?
Attorney fees are regulated by the Office of Workers' Compensation (OWC) and Adminsitrative Law Judges (ALJ). Fees may not exceed 20% of the benefits you receive. An attorney must file a petition with the OWC or ALJ as appropriate, documenting the time spent on the case. The fee petition must be approved in order for your attorney to obtain a fee.
In cases where the parties stipulate to various forms of payments or settle a case, the attorneys' fee, subject to approval of the petition, is paid out of the amount received by the claimant. If the employer/insurer fight your claim and it is resolved in your favor at a formal hearing by order of an ALJ, the employer/insurer may be found liable for the entire attorney fee! If your case is lost no fee is charged! Since the advice of an attorney at the beginning of your claim can often be the difference between a successful Worker's Compensation claim and disaster, and because no fee can be charged without Commission approval, a claimant should never proceed with a Workers' Compensation claim without the benefit of legal counsel.
Frequently Asked District of Columbia Workers' Compensation Questions
- Is my injury covered under D.C. Worker's Compensation law?
- How long do I have to file a claim?
- Who are the people involved in a D.C. Workers' Compensation claim?
- Should I speak to the insurance company about my injury?
- What benefits are available to me under D.C.law?
- How do my prior injuries affect my claim?
- Can I re-open my case if my condition gets worse?
- How does my attorney get paid?
- Can I be re-imbursed for my travel expenses and Prescriptions?
- What are the payment rates for temporary total and permanent disability?
- What should I do when I am asked to see the insurance company's doctor?
- What if I am injured because of the negligence of someone other than my employer?