What Percentage Does a Workers’ Comp Lawyer Get in Colorado?
In Colorado, workers’ compensation lawyers generally operate on a contingency fee basis. This means their fee is a percentage of the contested benefits they help you recover. The state law has specific guidelines regarding this percentage to protect injured workers.
The 20-25% Cap
Colorado law generally presumes that a contingent attorney fee exceeding 25% of the amount of contested benefits in an unappealed case is unreasonable. This means that, in most standard workers’ compensation cases that don’t go through extensive appeals, your lawyer’s fee will likely be capped at 25% of the benefits they secure for you.
It’s important to note:
- Contested Benefits: This percentage applies to the benefits that were disputed by the employer or their insurance carrier and which your attorney successfully helped you obtain. It typically does not apply to payments you were already receiving before hiring an attorney.
- No Upfront Fees: With a contingency fee arrangement, you typically pay nothing upfront. The attorney’s fees are deducted directly from your settlement or award once the case is resolved. If your attorney doesn’t win your case, you generally don’t owe them any legal fees.
- Extraordinary Cases: In some complex cases that involve appeals to higher courts or require an “extraordinary amount of time” from the attorney, the Director of the Colorado Division of Workers’ Compensation may approve a higher fee. However, this is less common and would require specific justification.
Why Contingency Fees?
Contingency fee arrangements are common in personal injury and workers’ compensation law for several reasons:
- Access to Justice: They allow injured workers who may not have the financial resources for hourly legal fees to access skilled legal representation.
- Shared Risk: The attorney shares the risk of the case with the client. If no benefits are recovered, the attorney receives no fee for their time.
- Motivation: This structure incentivizes the attorney to work diligently to maximize the client’s recovery, as their compensation is directly tied to the success of the case.
What About Other Costs?
Beyond the attorney’s percentage fee, you might also be responsible for case-related costs. These are separate from attorney fees and can include things like:
- Court filing fees
- Medical record retrieval costs
- Expert witness fees
- Deposition costs
Reputable workers’ compensation attorneys will typically discuss these potential costs with you upfront in a written fee agreement, ensuring transparency about all financial aspects of your case.
Frequently Asked Questions
How much does a workers’ comp lawyer get in Colorado?
In Colorado, workers’ compensation lawyers typically operate on a contingency fee basis. This means their fee is a percentage of the contested benefits they help you recover, generally capped at 25% for unappealed cases, as presumed by state law.
Do I pay upfront fees to a workers’ comp lawyer in Colorado?
No, typically you do not pay any upfront fees. Workers’ compensation lawyers in Colorado work on a contingency fee, meaning their payment comes from a portion of your settlement or award once the case is resolved. If they don’t win, you generally don’t owe them legal fees.
What are “contested benefits” in a Colorado workers’ comp case?
Contested benefits refer to the specific compensation or medical benefits that your employer or their insurance carrier disputes or denies. Your attorney’s fee is calculated based on the benefits they successfully secure for you that were initially contested, not on benefits you were already receiving.
Are there other costs involved besides the lawyer’s fee?
Yes, beyond the attorney’s percentage fee, you might be responsible for case-related costs. These can include expenses such as court filing fees, medical record retrieval costs, expert witness fees, and deposition expenses. Your attorney should detail these costs in your written fee agreement.
Why should I hire a workers’ comp lawyer for my Colorado claim?
Hiring a workers’ comp lawyer can significantly help your claim. They can guide you through the complex legal system, protect your rights, negotiate with insurance companies, gather necessary evidence, and work to maximize the compensation and benefits you receive for your workplace injury.
Need to Discuss Your Workers’ Comp Case?
Understanding the legal process and attorney fees can be complex, especially when you’re dealing with a workplace injury. If you’ve been injured on the job in Colorado, connecting with an experienced workers’ compensation attorney can help you navigate the system, understand your rights, and pursue the benefits you deserve.
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Kyle A. Duncan is the visionary founder behind Get My Legal Path. With a proven background in in-depth research and synthesizing challenging information across various fields, Kyle applies this meticulous approach to the complexities of personal injury law. Having personally navigated legal processes, he deeply understands the challenges individuals face. His mission with Get My Legal Path is to bridge this gap, offering reliable resources and a streamlined connection to highly qualified, licensed personal injury attorneys, ensuring users find the right legal expertise with confidence.
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