While most workers’ compensation claims are handled without an attorney, members sometimes need legal representation to resolve their claims. You may need an attorney because your claim is unusual or complex, or because you’re unsatisfied with the benefits or compensation you’ve received.

If you choose to retain an attorney, make sure to select a qualified attorney with proven experience handling workers’ compensation claims. It’s also essential to understand how attorneys are compensated in these cases.

Attorney Fees

At most legal firms that handle workers’ compensation claims, attorney fees are based on a contingent fee agreement. A contingent fee means you don’t pay attorney fees upfront. It also means you don’t pay any attorney fees if you don’t win your case. If you win your case, you will pay a percentage of the recovery.

Lawyers offer to handle an L&I claim on a contingent basis when they believe in the case and the client. If and when you get paid, attorney fees are a percentage of the money the attorney recovers for you. If you are offered a contingent fee agreement, it will be in writing. Read it! No matter how much you trust your new lawyer, be sure to read any fee agreement put in front of you carefully. Ask questions. Know what the deal is.

Limits on Attorney Fees

There are legal limits on attorney fees in L&I cases. Attorney fees, whether before L&I or at the Board of Industrial Insurance Appeals, are limited in three ways: by statute, by reasonableness, and by best practices.

• Statutory attorney fees: By statute, L&I attorney fees are limited to 30% of the increase in the award secured by attorney services.
• Reasonableness: Pursuant to the statute and the Washington State Bar Association, attorney fees must be reasonable.
• Best Practices: Attorneys informally set additional limits on their fees based on what they believe is fair. For example, for time-loss benefits secured by attorney services, 30% of past-due time loss and 15% of ongoing time loss are considered fair by most attorneys. However, 30% of ongoing time loss is probably not fair in most cases. Discuss this with your attorney. If your current attorney or the attorney you are considering hiring charges you too much, say so!

Case Costs

Case costs are different from attorney fees. Case costs are expenses incurred in handling your case. For example, an injury case requires medical records. Your attorney will order your medical records, review them, and use the information as part of your case. The attorney should not charge for this. The doctor, however, charges for a copy of the records, which is a case cost. The client is responsible for paying this case cost.

Some lawyers want clients to pay costs in advance, some want costs paid as the case proceeds, and some will advance costs until the end of the case, when money is awarded.

If you hire a lawyer, the fee agreement presented to you will provide the specifics about attorney fees and case costs. Read it with care and ask questions.

Sharpe Law Firm

We recommend that injured members seeking advice from a qualified workers’ compensation attorney contact the Sharpe Law Firm. Christopher Sharpe has a long history with us and has helped many fellow members with their claims. You can reach Chris at:

Sharpe Law Firm
Phone: 206-456-2700
Mail: 2775 Harbor Avenue SW, Suite D
Seattle, WA 98126-2138
Website & Contact Form: sharpelawfirm.org

The Sharpe Law Firm website is a valuable resource for information on L&I benefits, workers’ compensation claims, and finding and working with an attorney. Portions of the content in this section are courtesy of Sharpe Law Firm.