Workers Compensation Attorney Fees
As for the fees that is awarded in your case, there is a fee schedule that controls the fees. Under COMAR 14.09.04.03, the attorney fees are defined. At the commissioner level, the highest fee for a workers’ compensation case is 20%. Normally, if there is a final award, there can also be an attorney fee awarded as well. If exceptional circumstances are met, the Commissioner may approve attorney fees above the fee schedule.
As to a permanent partial disability award, the Commissioner will approve an attorney fee not more than 20 times the State average weekly wage at the date of the accident. By using this formula, the attorney fee will be determined. As to the first seventy-five weeks of compensation, 20% of the sum awarded. As to the next one hundred and twenty weeks of compensation, 15% of the sums awarded. Lastly, if you are awarded more than one hundred and ninety-five weeks, then 10% of the sums awarded.
If there are temporary total disability or temporal partial disability are raised, Commissioner may award 10% of the compensation awarded for legal fees. If there is amputation or loss of vision, the Commissioner can award up to 5% of the state average weekly wage but no more than six times the state average weekly wage.
If there is a permanent total disability award, the Commissioner may approve and ward of up to 20 times the state average weekly wage with some exceptions. The legal fees for dependency claims are dependent on the amount of work that the attorney performs on behalf of the claimant. It can include depending on items are at issue such as identity of dependency, proof of dependency, or compensability of the death.
As for the settlement, under COMAR, there is a formula for settlement. It depends on the amount of the settlement what fee can be. Under COMAR, the attorney fees can set out in three tiers. The fees will not be greater than twenty times of the State average weekly wage.
Furthermore, there are appeals for these workers compensation cases taken to Circuit Court which requires considerable amount of work to be performed. Lawyers are entitled to attorney fees depending on where you are at the appeal process. Some cases are settled on appeal and would constitute less of a fee since final decision was not made by a Judge or Jury in that case. The lawyer can request additional fees if the lawyer has performed work that was ultimately warranted and justified in the case. There are certain scenarios would require that the attorney earned the maximum fee under the Commissioner regulations.
As your Frederick Worker Compensation Attorney, the Law Firm is here to serve Frederick, Montgomery, Washington, and Carroll Counties as well as the remaining Maryland area. The Firm would like to be your Workers Compensation Lawyer. Call the Soubra Law Firm at 301- 219-5038 inquire about your rights for Workers Compensation and see if your scenario does indeed entitle you to Worker Compensation benefits.