Attorney's Fees for Injured Workers

If you suffer a work injury, there are plenty of reasons why it is beneficial to obtain attorney representation. However, many injured workers balk at the idea of hiring an attorney because they fear paying for the services of the attorney.

While attorney's fees are sometimes expensive and burdensome, attorney's fees for injured workers are generally done on a contingent basis. This means that there are no "up front" costs for an injured worker to retain an attorney under the Minnesota Workers' Compensation Act, and that attorneys are not entitled to fees unless they are successful in a dispute. Success is in a dispute usually means obtaining a settlement or a decision.

In general, no attorney's fees are awarded unless there are benefits won in a dispute, and even then, there are limitations on attorney's fees awarded.

• Attorney's fees for wage (indemnity) benefits are limited by statute: fees are 25% of the first $4,000.00, and then 20% of the next $60,000.00 obtained.
• Attorney's fees for medical benefits are paid only by the insurance company, and the injured worker does not lose any benefits or money if medical benefits are won in a dispute.
• Attorney's fees for rehabilitation benefits are also only paid by the insurance company. Again, the injured worker does not lose any benefits or money if rehabilitation benefits are won in a dispute.

So, rest assured, injured workers do not need to worry about paying out of pocket when retaining a workers' compensation attorney.