How much does it cost you to hire an Oregon workers' compensation attorney? The short answer is that it is free. In Oregon, attorneys who represent injured workers must work on contingency. This means the attorney may not charge an hourly rate and is only paid if they win or settle the case. Basically, a workers' compensation attorney takes on the risk with you. They are only paid if you win.
If you have a denied claim, and your attorney helps you overturn or reverse the denial, the insurance company will have to pay their attorney fee and costs. In this scenario, the attorney fee will not come out of your benefits.
This is also true with time loss cases. If you have not been paid your time loss correctly and your attorney helps you get the unpaid amount, the insurer must pay the attorney their fee without taking it out of what is owed to you.
If you reach a settlement of your case, the attorney fee does come out of the total. In Oregon, the attorney fees from a settlement of a workers' compensation case are capped at 25 percent of the first $50,000 and 10 percent of the remainder. This is significantly lower than attorney fees on other contingency cases such as personal injury and employment law - which go up to 40 or 50 percent of the total recovery.
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