In North Carolina, attorneys fees in Workers Compensation claims are regulated by state law. Also, once a settlement or judgment has been reached, the North Carolina Industrial Commission must approve the final amount of fees. Without an approval, an attorney cannot accept any fees. As such, Worker’s Compensation cases are generally handled on a contingency basis. This means, that the your NC Worker’s Compensation attorney does not get paid until your case is positively resolved in your favor.
Typical Amount of Attorneys Fees
Normally, the North Carolina Industrial Commission will grant an attorneys fee in workers compensation cases of up to 25% of the final settlement or award. Since an injured employee will only receive a monetary award for a positive result, a NC Worker’s Compensation attorney must have won the Worker’s Compensation case for the injured employee in order to be paid.
The only additional expenses that can be collected by a NC Worker’s Compensation attorney are any expenses or costs relating to the resolution of the case. This typically means things like: medical file fees, expert witness fees, or deposition costs of medical personnel. These costs are added on top of the 25% maximum attorney fee that is typically granted by the North Carolina Industrial Commission.
Benefits of Set Attorneys Fees in Workers Compensation
The fact that North Carolina has set a maximum percentage of attorney fees at 25% works to the benefit of injured workers. Since all attorneys receive almost the exact same amount in fees for a Worker’s Compensation case, individuals can find an attorney that has the best skill and compatability in handling their case.
If you or someone you know has been injured while at work, you should Contact Us for a free consultation. At Minick Law, P.C., we have experienced North Carolina Worker’s Compensation attorneys who will diligently work to resolve your case in your favor. By hiring an experienced Worker’s Compensation attorney, you will receive valuable legal advice and an experienced guide through the complex Worker’s Compensation process.
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James Minick is a criminal defense attorney in Asheville, NC and is the owner of Minick Law, P.C.