What Are Attorney Fees in Workers’ Compensation Cases in Texas?

January 23, 2017by Aaron Allison

Workers’ Compensation Cases in TexasAfter a workplace accident, injury victims face a series of important decisions. One of those decisions is whether to hire an attorney or not. Not every workers’ comp case requires the help of an attorney. However, you should, at the very least, make a phone call and schedule a consultation regarding your case.

Your initial attorney consultation is free. This gives you the opportunity to get to know your attorney. Additionally, this allows your attorney to ask a series of preliminary questions and decide whether your case is simple enough to handle on your own or if the services of an attorney will be useful for you. Our law firm operates on contingency fees. This means that your attorney covers the upfront costs of your case and only receives fees if he or she is successful in obtaining benefits for you.

That’s All Well and Good – But How Much Does an Attorney Actually Cost?

In Texas, workers’ comp attorney fees work a little differently than some other states. A Texas workers’ comp attorney receives attorney fees from your employer’s workers’ comp insurance. The amount is based on the amount of benefits that you receive. The Division of Workers’ Compensation must approve the amount. It will be decided based on how much time and money your attorney spent obtaining benefits for you. Your attorney’s hourly rate is negotiable dependent on your circumstances. The Division of Workers’ Compensation allows a maximum rate of $150 per hour for an attorney and $50 an hour for a legal assistant.

The maximum amount that will be deducted from your benefits is 25 percent. The rest is given to you to help cover your lost wages, pain and suffering, medical costs and more.

Aaron Allison