Who pays my attorney fees in a workers’ compensation case?
You are generally responsible for your attorney’s fees if your claim is settled. The fee is typically 10 percent of the total recovery for settlements of $5,000 or more, but can be up to 20 percent on smaller settlements. However, the court will likely require the workers’ compensation insurance company to pay your attorney’s fees if your attorney successfully obtains a benefit for you after the insurance company has denied such benefit; if your attorney proves that an injury occurred after the insurance company has denied that such injury occurred; or if your attorney successfully establishes a claim for medical benefits. The specific attorney fees payable in workers’ compensation cases are controlled by Florida Statue 440.34 and all fees must be approved by the court.
