How does a workers’ compensation lawyer get paid?

Most workers’ compensation lawyers in New Jersey handle cases on a contingency basis. This means that they will take a case with no upfront costs to their client and only get paid if they can successfully recover a settlement award or judgment.
 
The first step a lawyer will take is interviewing their client. Lawyers may want to know about their client’s work injury to help them assess the claim. Next, the lawyer will investigate the accident resulting in their client’s injuries, including interviewing witnesses or other important parties.
 
Once the investigation is complete, the lawyer will prepare the workers’ compensation claim. In many cases, a skilled lawyer will negotiate a settlement with the workers’ employer or insurance company, eliminating the need for a stressful trial. This will not always be the case, and in some situations, a lawyer will need to attend several hearings before their client is awarded benefits. If the worker’s claim is denied, then the lawyer will need to file an appeal. The lawyer will typically pay for all litigation expenses throughout the process, including travel costs, investigator fees, expert witness fees and more. If the injured worker does not obtain a settlement award, the lawyer will not recoup these costs.
 
If the injured worker does not get a settlement award or judgment after the process is complete, the lawyer will not receive a fee. It is only if the lawyer can obtain a settlement award or judgment on behalf of their client that they will receive their fee. Typically, a New Jersey workers’ compensation lawyer will receive 20 percent of the amount they recover for their client with the fee ultimately set by the Court. This means that if an injured worker recovers $8,000, the lawyer will receive $1,600.

Other Workers’ Compensation FAQs:

• Am I Allowed to Choose My Doctors For My Workplace Injury in New Jersey?
• Am I Eligible For Workers’ Compensation If I Am Hurt While Working From Home in New Jersey?
• Are Longshore Workers Eligible For Workers’ Compensation in New Jersey?
• Are Minors Entitled to Workers’ Compensation Benefits?
• Are Minors Injured in a Work-Related Accident Eligible to Receive Workers’ Compensation Benefits in New Jersey?
• Are Workers’ Compensation Benefits Taxable?
• Can A Workers’ Compensation Lawyer Help Me Obtain Benefits and A Settlement Award?
• Can an Employer Fire an Employee for Filing a Workers’ Compensation Claim In New Jersey?
• Can CNAs or RNs Attacked by Patients Receive Workers’ Comp Benefits For Their Injuries?
• Can I Choose My Doctor For My Workers’ Compensation Claim in New Jersey?
• Can I File a Third-Party Lawsuit For My New Jersey Workplace Injury?
• Can I Get Workers’ Compensation When A Coworker Assaults Me?
• Can I Receive Workers’ Compensation For A Gradual, Repetitive Use Injury?
• Can I Reopen My Workers’ Compensation Case?
• Do I Need A Doctor’s Approval to Return to Work?
• How Does a Workers’ Compensation Lawyer Get Paid If the Injured Worker Is Totally Disabled in New Jersey?
• How Does A Workers’ Compensation Lawyer Get Paid?
• How Much Do Workers’ Compensation Lawyers charge in New Jersey?
• How Much Does a Lawyer Make Off of a Workers’ Compensation Claim?
• How Much Does a Workers’ Compensation Lawyer Charge in New Jersey?
• I Was Terminated While Out of Work Due to an On-the Job Injury; What Are My Rights?
• If My Spouse or Parent Dies Due to a Work-Related Injury or Illness in New Jersey, Am I Entitled to Any Death Benefits?
• Is My Injury Considered A Permanent Partial Disability?
• Since I Cannot Perform the Job I Did Before the Injury, Can I Return to Work in a Different Capacity, and How Would That Impact Future Compensation?
• The Workers’ Compensation Doctor Has Released Me For Light Duty Work, But My Employer Told Ne There Is No Light Duty Work Available. What Should I Do?
• What Do I Do If I Get into a New Jersey Car Accident While Working?
• What Does A Workers’ Compensation Lawyer Do For You?
• What Does A Workers’ Compensation Lawyer Do?
• What Does A Workers’ Compensation Lawyer Need to Know?
• What Does AWW Mean Under Workers’ Comp? (Average Weekly Wage)
• What Does FCE Mean Under Workers’ Comp? (Functional Capacity Evaluation)
• What Does IME Mean in Workers’ Comp? (Independent Medical Examination)
• What Does MMI Mean in Workers’ Comp? (Maximum Medical Improvement)
• What Does PPD Mean in Workers’ Comp? (Permanent Partial Disability)
• What Does TTD Mean in Workers’ Comp? (Temporary Total Disability)
• What Happens When Using A Lawyer For A Workers’ Compensation Claim?
• What Happens When You Get A Workers’ Compensation Lawyer?
• What Is A Workers’ Compensation Lawyer?
• What Kind of Information Does A Workers’ Compensation Lawyer Need From You?
• What Should I Do If My Employer Refuses to Open Up a Workers’ Compensation Claim?
• What To Do If Your Employer Will Not Report Your New Jersey Accident to the Workers’ Compensation Carrier?
• What to Expect in Your Free Consultation with a Workers’ Compensation Lawyer?
• What Type of Documents Do I Need to Sign to Allow My Workers’ Compensation Lawyer to Accept My Settlement?
• What Will A New Jersey Workers’ Compensation Attorney Do For Me?
• What Workers’ Comp Benefits Can I Receive If I’m Unable to Work or Return to Work?
• When Do I Need A New Jersey Workers’ Compensation Lawyer?
• When Do Workers’ Compensation Payments Stop?
• When To Get A Lawyer For TBI Workers’ Compensation?
• When To Get A Workers’ Compensation Lawyer?
• While I Was Out of Work as a Result of a Work-Related Injury My Employer Terminated Me. Is This Legal?
• Why Do I Need a Lawyer to File a Workers’ Compensation Claim?
• Why Do I Need A Lawyer to File For New Jersey Workers’ Compensation?
• Why Should I Have A Workers’ Compensation Lawyer?