Everyone is interested to know how much it will cost them to be properly represented in their case. The workers' compensation law provides for two methods of paying for your lawyer - both of which involve the payment of fees by the insurance company. If your attorney brings or defends a claim or petition before the Department of Industrial Accidents (and that attorney wins your case) the insurance company must pay a fee to the attorney which reflects the complexity of the legal proceedings involved. This fee is paid by the insurance company directly to the attorney. In many cases, the fee paid by the insurer costs the employee nothing. In addition, the Massachusetts law provides that your attorney will be entitled to retain 20% of any settlement reached on your behalf, as long as the attorney has obtained an obligation by the insurer to accept liability (responsibility) for your case. In no circumstance is an employee required to pay a fee to an attorney unless money is recovered for the employee. The question of attorneys' fees should be thoroughly discussed by you and your attorney at the time of your initial consultation. It is our practice to review all fee arrangements in detail with each client and to sign a written agreement with our client only after all terms are fully discussed and understood. The above described fees are controlled by state law—so any lawyer in Massachusetts with whom you speak should provide you the same information. As attorneys’ fees in most circumstances are paid entirely by insurance companies, it is our view that most employees struggling with the consequences of a serious work injury should consider being represented by experienced counsel.
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