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How is a Workers’ Compensation Attorney Paid for Representing You?

shaking hands with potential clientYou may be unsure about hiring a lawyer for your workers’ comp claim because of concerns about the cost. You may have heard of retainers for attorneys or per-hour rates.

However, many workers’ compensation lawyers, including those at Berry, Smith & Bartell work on a contingency fee basis. Below, learn more about what this means. Schedule a free, no-obligation consultation today to learn how we may be able to help with your claim.

Free Consultation

The first step in hiring a workers’ compensation attorney is to set up a free consultation with your chosen law firm or shortlist of law firms. In a consultation you will be able to discuss the details of your claim, and the legal team will be able to assess your situation and recommend if you have cause to pursue compensation for your injuries.

The free consultation serves as an interview to help you decide if you wish to hire a law firm to represent you as you pursue your workers’ compensation claim. You may discuss what strategy the lawyer feels would be appropriate when pursuing your claim and the expected outcome, as well as an estimate for how long it may take to settle your claim.

No Upfront Fees for Representing You

Many workers’ compensation attorneys work on a contingency fee basis, therefore there are no upfront costs when you hire legal representation. Instead of billing by the hour, for example, for all the preparation work necessary in your claim, the lawyer does this without upfront payment.

Instead of upfront payment, under the contingency fee agreement, the attorney is paid a percentage of the compensation you receive for your claim, whether a settlement is achieved outside of court or your case is taken to trial.


Working with a workers’ compensation lawyer who operates on a contingency fee basis has multiple advantages for injured workers who wish to pursue their claims.

Because a victim does not need to pay the attorney upfront, the stress of legal bills during the already stressful legal process is eliminated. Legal representation becomes more accessible to those who do not have the funds to pay up front for the help they need.

Also, legal proceedings involve a lot of expenses. These are typically covered by the lawyer up front when you have a contingency agreement. The lawyer pays for filing fees, expert witnesses, travel expenses and more, so you are not faced with covering these expenses during the legal process.

If your case is not won, the lawyer does not receive the contingency fee – he or she does not get paid unless you do. Therefore, attorneys are selective about the cases they take on contingency. If an attorney is willing to pursue your workers’ compensation claim on contingency, it may be likely you have a good chance at winning your case.

Have Questions? Call a Licensed Attorney Today

If you were injured at work or suffer from an employment-related illness or condition, the Fresno workers’ compensation attorneys of Berry, Smith & Bartell are here to assist you. Get the answers to your legal questions when you meet with our legal team through a free, no-obligation consultation.

If you choose to pursue legal action with our firm, there are no upfront fees to pay. You only pay us if we successfully recover compensation for your workplace injuries.

For a free case evaluation with Berry, Smith & Bartell, a Professional Law Corporation call 1-800-848-6288 today!

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