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How Does Your Indiana Workers’ Compensation Attorney Get Paid?

Aug 25, 2022 | Workers' Compensation


Attorney consulting with his client

The Indiana Workers’ Compensation Board sets the amounts that a workers’ compensation attorney can charge. Here’s an outline of what you can expect.

  • 20 percent of the first $50,000 the attorney helps you recover
  • 15 percent of the remainder of the recovery over $50,000
  • 10 percent of any award for unpaid medical expenses or future medical expenses

More than likely, you won’t find an attorney whose fees are less than this. And you certainly won’t find an attorney that charges more than this.

The great part about hiring a workers’ compensation attorney is that you don’t pay anything until you recover funds. Attorneys work on a contingency basis, which just means they only get paid once you begin receiving workers’ compensation payments. However, they can require the $200 fee to retain their counsel.

What to Expect from a Workers’ Compensation Payout

The amount of workers’ compensation benefits you receive will vary based on your injuries. If you’ve suffered a temporary total disability (TTD) to where you cannot work, you can receive two-thirds of your average weekly wage based on the 12 months leading up to your injury. The maximum weekly wage for workers’ compensation is $780.

TTD continues until you can return to any type of work or until you’ve received 500 weeks of benefits. Or, if you refused to undergo a required medical exam, your benefits may end. Benefits could also end if you refuse a suitable job based on your work abilities. Or, once your doctor has determined that you have reached maximum medical improvement (MMI), your benefits will end.

Under temporary partial disability, you can receive benefits up to two-thirds the difference between your current wages and your pre-injury wages. That means that if you were making $1,200 per week before, but you’re now making $900 per week, you’ll receive $200 per week in workers’ compensation benefits. Temporary partial disability lasts up to 300 weeks. 

The permanent partial impairment will pay out benefits based on the severity of your permanent disability. These calculations are complicated algorithms based on the doctor’s diagnosis for the degree of your injury. You should discuss these amounts with your attorney.

The most that you can recover for workers’ compensation in Indiana is $390,000 for one injury. Medical benefits do not count toward that total though.

Common Workplace Injuries

Workplace injuries are surprisingly common. Some examples of the most common workplace injuries include:

  • Crashes or car wrecks
  • Fires or explosions
  • Harmful substances
  • Muscle strains
  • Slip and falls or trip and falls
  • Workers that suffer injury due to falling objects or equipment
  • Workplace violence

Benefits of Hiring an Indiana Workers’ Compensation Attorney

Realizing that there are expenses associated with hiring an attorney can make some people hesitant to take this important step in protecting their workplace benefits. However, you’ll experience many important benefits from hiring a workers’ compensation attorney. Some examples of these benefits include:

  • An expert to monitor deadlines and requirements to protect your benefits
  • Someone to handle all insurance company interactions to take some burden off you
  • Knowledge of Indiana law to protect rights and maximize benefits
  • Maximize workers’ compensation benefits, which means the attorney will likely pay for himself or herself
  • Free up time for you to focus on getting better and ensure you follow all your doctor’s orders to protect your benefits

If you’re looking for a skilled team of attorneys to guide you through your workers’ compensation experience, Stewart & Stewart offers experts who know the ins and outs of Indiana workers’ compensation law. Schedule a free consultation to learn more about how hiring an attorney could help you.

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