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Hiring An Attoney for a Workers' Compensation Case

Scott Scherr • April 7, 2023

You should hire an attorney for a Workers' Compensation case

There is no reason not to hire an attorney in a Workers' Compensation case. You do not have to pay an attorney directly. The attorney gets paid out of your permanency award and the payments are remitted by the insurance company. In fact, you do not even have to pay any expenses as the attorney advances all expenses on your behalf.


Attorney's fees are regulated by the Workers' Compensation Commission under the Code of Maryland Regulations (COMAR) and must be approved by the Workers' Compensation Commission. If you have a permanent disability, you will receive an award for the nature and extent of your disability. By law, the attorney's fees will be 20% or less of that award. This is a much lower fee than a personal injury case where an attorney may charge 1/3 or 40%.


In addition, an attorney may be awarded a fee of 10% for temporary total disability if the matter goes to a hearing and the lawyer is successful. Temporary total disability benefits are paid at 2/3 of your average weekly wage up to a maximum. Attorney's fees are only awarded for these benefits if the matter is contested at a hearing.


Thus, it is wise to hire an attorney if you are injured on the job. Attorney's fees are a small percentage and an attorney can insure that you receive the benefits to which you are entitled.


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