Why Cost Is a Common Concern
When you are injured on the job your primary focus is on healing well. Whether your claim is accepted or denied, being out of work with mounting medical bills, you are in an incredibly stressful situation. Adding to that stress is deciding to hire a workers’ compensation lawyer. Before you decide, be sure to learn the truth about the cost and value of a Virginia workers’ comp lawyer.
There are many common reasons injured workers hesitate to call a qualified VA workers’ compensation lawyer. Driven by fear of employer retaliation, unknowing the challenging workers’ comp process, and a misperception of the cost in hiring a talented VA workers’ comp lawyer often causes injured workers to pause in taking that first step. While many people hesitate to contact a lawyer initially, they soon find that navigating Virginia workers’ compensation law requires a professional – and the earlier in your claim process you hire an experienced worker’s compensation attorney, the better.
Many injured workers are fearful that if they hire a lawyer, their employer will retaliate. They don’t want to rock the apple cart fearful they could be stepping into a hostile work environment or even losing their job. After all, the employer and insurance company are looking out for them, right? WRONG! The insurance company is working for the employer, and the employer is working for their bottom line. You, the injured worker, are on your own. An experienced workers’ comp lawyer by your side offers protection from illegal retaliation tactics an employer might take.
Other injured workers hesitate to seek legal counsel because they feel it is unnecessary, or they fear a lawyer will be too expensive. They try to DIY their workers’ comp case. Unfortunately, we find that without an experienced workers’ compensation lawyer working on your case, you could be leaving benefits and money on the table. For the stress that hiring a Virginia workers’ compensation lawyer relieves and the upside of potentially garnering every penny you deserve, hiring a trusted VA workers’ comp attorney pays for itself.
How Much Does a Workers’ Comp Lawyer Charge in Virginia?
Injured and out of work, many people seeking workers’ compensation in Virginia think that hiring a lawyer is expensive. So many injured workers across the state of Virginia are happy to learn that the structure of hiring a workers’ compensation attorney is truly established with the injured worker in mind. Most workers’ comp lawyers in Virginia work on contingency. That means no matter how much time and resources they invest in your case, they are only compensated if your claim is successful at trial or settled out of court. In short, VA workers’ comp attorney only earns fees if your case is won. Experienced VA workers’ comp attorneys working on contingency have skin in the game and are motivated to earn you every penny and benefit you deserve.
When you hire a reputable VA workers’ comp lawyer working on contingency you shouldn’t have to pay any upfront costs in hiring because there are no out-of-pocket attorney fees. When hiring a lawyer working on contingency, the question shifts from, “how much does a workers’ comp lawyer charge in VA” to, “which VA workers’ comp lawyer will be able to get me the money and benefits I deserve.”
Workers’ Compensation Attorney Fees in Virginia: Legal Caps and Regulations
In Virginia, the cardinal principle is that no lawyer for an injured worker can receive a fee unless the Virginia Workers’ Compensation Commission first approves the fee. This principle is enshrined in a statutory law that the VA General Assembly passed many years ago. Owing to this legal principle, the Virginia Workers’ Compensation Commission sets parameters as to the amount of fees a Commonwealth workers’ compensation lawyer can be paid. To this end, the Virginia Workers’ Compensation Commission serves as the gatekeeper of legal fees, ensuring that the fees a workers’ comp lawyer earns are fair.
Not only does the VA Workers’ Compensation Commission have oversight of legal fees, in fact having to approve the fees in each case, they also have established pre-set legal fee caps. While personal injury lawyers can charge an average of 1/3 of the settlement awards they win for their clients, the VA WCC has pre-set legal fee caps of 20%. While there are additional legal nuances to the VA WCC legal fee approval process, the 20% cap is generally applied.
With VA workers’ comp lawyers working on contingency, all legal fees paid to workers’ compensation attorneys are tied to either the injured worker’s accrued compensation or via a small deduction from the worker’s weekly compensation payments. You are not paying for your VA workers’ comp lawyer out of pocket, their fees come from a percentage of the benefits or settlement you are awarded.
The VA Workers’ Comp legal system truly is established with the injured workers’ best interests in mind. Every measure is taken to not disadvantage injured workers who hire legal counsel. Think of it like this, if you are injured on the job would you rather have 20% of your winnings go towards workers’ compensation attorney fees and have a more favorable outcome, or gamble with keeping 100% of what you could earn on your own – after all, 100% of $0 is $0.
The Real Cost of Not Hiring a Lawyer
In 2018, an AI and data science company called CLARA Analytics crunched data in an effort to learn if injured workers who hire attorneys impact the cost of benefits received. CLARA Analytics customers are the insurance companies, primary carriers, and TPAs that workers comp lawyers fight against. The data (examining injury years from 2007 – 2017 across the US) uncovered several facts pointing to reasons why insurance companies do NOT want you to hire an experienced workers’ comp lawyer.
Employers and their insurance companies do NOT want to pay your workers’ comp claims. The data revealed to insurance companies that when an injured worker hires an experienced lawyer, they will have to pay more. The data proved that injured workers who hire an attorney have a more favorable outcome than those who don’t. They are more likely to have more in claims paid, see longer disability granted, and receive greater benefits.
Higher Total Claim Payments with Attorney Involvement
Litigated workers’ comp claims were 388% more expensive to insurance companies than non-litigated. That means that when injured workers hired a lawyer specializing in workers’ compensation, they got 388% more benefits than those who filed their claims on their own. In the state of Virginia, injured workers who hired an attorney earned a mean total of $140,374 in claims paid while those who didn’t only received $28,761. That is an increase of 488% – more than the US average of 388%! The state of Virginia had the highest average claim paid when working with an attorney.
Reduced Risk of Denials & Delays
While the data this research proved how injured workers benefit when working with a specialized workers’ comp lawyer in VA, there are additional benefits in hiring a lawyer, including navigating the claims process and appeals process for denied claims and delayed payments. Virginia’s workers’ compensation claim process is highly structured. There are strict VA workers’ comp claim filing deadlines including 30 days to notify your employer of injury and 2 years to file a claim with the WCC. Additionally, there is specific evidence required to properly submit claims that will be accepted. In working with an experienced VA workers’ comp attorney, they will keep you on track to meet all deadlines and submit all necessary documentation. If your claim is rejected, they can work through the appeals process on your behalf.
Advantage of an Experienced Negotiator in Your Corner
When you are evaluating the cost of hiring a worker’s comp lawyer, don’t forget the experience in navigating workers’ compensation claims benefits and negotiating they bring to the table. Unlike an injured worker who is trying to Google the process, a specialized workers’ compensation lawyer knows the workers’ comp legal system, the paperwork, the documentation needed, and the benefits you are entitled to based on your injury circumstances. Remember, your employer and their insurance company want to pay you as little as possible. When hiring an experienced worker’s comp lawyer, their goal is to earn you the MOST benefits possible. And don’t forget, working on contingency, VA workers’ comp attorneys are financially motivated to do so! Your employer and their insurance company have lawyered up, why shouldn’t you.
Is It Worth Hiring a Workers’ Comp Lawyer in Virginia?
If you are still wondering if it is worth hiring a workers’ comp lawyer in Virginia, evaluate these benefits and read these case studies. If you are injured on the job and elect to hire an experienced VA workers’ comp lawyer, here are the benefits you can expect:
- Nearly 5X more compensation
- More thorough claims process which will prove in your favor
- Reduction in claim denials and delays
- Stronger evidence supporting your case with a professional knowledge negotiator fighting for your rights
| Metric | No Lawyer | With Lawyer |
| Average Claim Amount VA | $28,761 | $140,374 |
| Lost-Time & Expense Increase | Baseline | +284% / +200% |
| Risk of Denial/Delay | High | Significantly reduced |
Case Results from Denied Workers’ Compensation Cases
Escamilla v. Campco, Inc. (2009)
Case Details
Claimant, an undocumented worker from Mexico, worked as an unskilled construction laborer. He fell from a floor joist onto a concrete floor resulting in a traumatic brain injury. He was hospitalized at the University of Virginia Medical Center in Charlottesville and later moved to Sheltering Arms Hospital in Midlothian. The claim was denied. His employer and insurance company argued that he was an independent contractor, not an employee, and was therefore not covered under Virginia Worker’s Compensation law.
Results
A hearing before Deputy Commissioner Culbreth in Harrisonburg resulted in a finding that the claimant was in fact an employee and awarded him temporary total benefits and medical benefits. The employer and insurance company appealed the decision to the Worker’s Compensation Commission and the claim was settled for $725,000 before the appeal was heard.
Conclusion: Know the Costs—and Benefits of Hiring a VA Worker’s Compensation Lawyer
If you are injured on the job, you may be debating whether to hire a workers’ compensation lawyer. When you are counting the cost remember that of all the legal fields, workers’ compensation law in VA has added regulations. VA Workers’ compensation lawyers are regulated by the VA Workers’ Compensation Commission, whose job it is to approve every fee awarded to legal representation in workers’ comp claims. Additionally, there are specific fee caps that are generally not to exceed 20% of what the injured workers are awarded in benefits. On top of this structure set in place to look out for the injured worker, workers’ compensation lawyers in VA are contingency-based. That means your VA workers’ comp lawyer only gets paid if you get paid – no upfront or out-of-pocket legal expenses for you.
Further analysis of hiring a VA workers’ comp lawyer leads you to additional benefits. These benefits include, statistically proven, higher total claim payments, greater benefits recovery, a reduced risk in claim denials and payment delays, and the advantage of having an expert in workers’ compensation law and negotiations in your corner. Your employer and their insurance company have lawyers working against you. Don’t go it alone, hire an experienced Virginia worker’s comp lawyer to represent you. With your benefits on the line, you can’t afford not to.