How Do Baltimore Workers’ Comp Attorneys Charge For Their Services?
Everybody I know thinks lawyers charge “too much”. I don’t. In fact, I offer Baltimore residents with personal injury cases a reduced fee program, which allows them to retain more of their settlement. My response to those thinking that Baltimore workers’ compensation attorney’s charge to much for their time is typically that the speaker must not actually know any advocates who represent injured Baltimore workers. The reality is, and the the answer to the query “How Do Baltimore Workers’ Comp Attorneys Charge For Their Services”, fees are tightly controlled, limited, and determined by a byzantine formula set fort in the Maryland Code of Regulations.
Workers’ compensation cases are handled on a statutory contingency fee basis.
Maryland workers’ compensation cases do indeed operate on a contingency fee basis, with fee structures governed by the Code of Maryland Regulations (COMAR). This approach ensures consistency, as attorneys only collect fees if they successfully secure compensation for the injured worker, and if their request to be paid is approved by the WCC. Here’s a breakdown of the key points:
- Statutory Limits: COMAR establishes specific percentages attorneys can charge based on the amount of recovery. How Do Baltimore Workers’ Comp Lawyers Charge For Their Services? A limited amount. These caps are designed to protect injured workers who need all available funds on hand.
- Sliding Scale: The contingency fee decreases as the amount recovered increases. This means:
- The more the injured worker gets, the less the workers’ compensation attorney gets
- For larger recoveries, the attorney’s percentage is reduced.
- 20% or Less Rule: Counselors representing injured Baltimore workers will not receive more than 20% of a permanency award. This ensures that the injured worker retains the majority of their compensation.
Transcript
Maryland workers’ compensation cases are handled on a contingency fee basis. The contingency fee percentages are fixed by statute and by a body of law known as COMAR, The Code of Maryland Regulations. The idea here is that the more the injured worker recovers, the lesser percentage that the attorney recovers in terms of an attorney fee. As a general rule of thumb, whatever an injured worker receives for a permanency award in worker’s compensation, the attorney is going to receive 20% or less of that award.
Understanding Attorney’s Fees in a Baltimore Workers’ Compensation Case
- In Baltimore and throughout Maryland, workers’ compensation attorneys represent injured workers on a contingency fee basis. This means that the attorney can not charge the client upfront and only receives a fee if and when compensation is awarded. This structure is designed to ensure that injured workers—many of whom are dealing with lost income, medical expenses, and uncertainty—can access legal representation without the burden of paying legal fees out of pocket.
Contingency Fee Defined
A contingency fee is a percentage of the financial recovery obtained on the client’s behalf. In Maryland workers’ compensation cases, this fee is regulated by state law and subject to the approval of the Maryland Workers’ Compensation Commission (WCC).
Unlike in personal injury cases, where contingency fees can range up to 33% for presuit cases, and 40%, Maryland caps workers’ compensation attorney fees at specific percentages, depending on the amount recovered and the stage of the case.
Fee Structure in Maryland Workers’ Compensation Claims
Under COMAR 14.09.04.03, the Maryland WCC generally limits attorney fees as follows:
20% of the first tranche of compensation awarded.
15% of any tranche awarded in excess of $75,000.
No fee is charged on medical benefits, which are separate and paid directly to the healthcare providers. These percentages apply only to the “compensation” portion of the claim, such as temporary total disability benefits, permanent partial or total disability benefits, and For example, if a worker receives a permanent partial disability award of $40,000, the maximum attorney fee would typically be $8,000 (20% of $40,000), pending approval by the Commission.
Commission Approval Required
Maryland law requires all attorney’s fees in workers’ compensation cases to be approved by the Workers’ Compensation Commission. This approval process helps ensure that attorneys receive fair compensation while also protecting injured workers from excessive legal fees. If a settlement is reached, the proposed fee is reviewed as part of the settlement approval process.
No Recovery = No Fee
One of the primary benefits of the contingency fee model is the “no recovery, no fee” guarantee. If the injured worker does not win their case or does not receive compensation, the attorney typically receives no payment for legal services. Contingency fees in Baltimore workers’ compensation cases are tightly regulated, Commission-approved, and client-friendly. They allow injured employees to pursue rightful compensation without the burden of hourly fees or retainers. They ensure that the employee, and their workers’ compensation lawyer are aligned with identical interests and goals. An experienced workers’ compensation attorney like Eric T. Kirk can help navigate the complex system, fight for every dollar you’re entitled to, and only gets paid if you do.
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
