St Paul, Minnesota Workers’ Compensation Attorney Fees Become Governed By Statute
This means that unlike in, for example, a personal injury case, where the attorney has some discretion over what to charge for a fee, the Minnesota legislature heavily regulates what a Minnesota work comp attorney can charge.
There are several different types of workers’ compensation lawyer fees:
This is one of the main methods for payment of Minnesota workers’ compensation attorney fees.
Minnesota Statute § 176.081, subd. 1(a) permits these fees.
For injuries from 1995 to October 2013, this section permitted a Minnesota workers’ compensation lawyer a fee of 25% of the first $4,000 and 20% of the next $60,000 of compensation awarded to the injured employee so long as the fees are calculated on genuinely disputed claims or portions of claims.
All fees for legal services pertaining to the same injury are cumulative and may not exceed $13,000. Fees for obtaining disputed medical or rehabilitation benefits are included in the $13,000 limit.
In October 2013, the statute was amended to state that a fee for legal services of 20% of the first $130,000 of compensation awarded to the employee is the maximum permissible fee.
The statute went under modification in 1995 to provide that the $13,000 limit on work comp attorney fees was the maximum possible fee for all legal services related to the same injury, including attorney fees paid for by the employer/insurer.
In Irwin v. Surdyk’s Liquor, the Minnesota Supreme Court held that the limitations on attorney fees in the 1995 amendments to the Minnesota Statute were unconstitutional in that they impinged upon the court’s inherent power to oversee attorneys and attorney fees.
Fees in Excess of Maximum
Under Irwin, to get a fee more than the statutory limit, the court set forth a list of factors to consider the compensation judge in the determination of Minnesota workers’ compensation attorney fees:
- The amount involved
- Time and expense necessary to prepare for trial
- The responsibility assumed by counsel
- The expertise of counsel
- The difficulty of the issues
- The nature of the proof involved
- The results obtained
Fees on Intervenor Recoveries
These are usually companies that have provided medical treatment or wage replacement benefits such as a short term disability plan.
Minnesota Statute § 176.361, permits any “person” who has an interest in any matter before the Workers’ Compensation Court of Appeals, Commissioner or compensation judge, such that the person may either gain or lose by an order or decision, to file an application or motion to intervene.
Issues arise whether and to what extent an intervenor must contribute to the attorney fees or costs incurred in establishing the injured employee’s entitlement to Minnesota workers’ compensation benefits that result in a recovery for the intervenor.
The main case involved in this issue is Edquist v. Browning-Ferris.
The St. Paul Statutory Scheme for MN Workers’ Comp Fees
The Statutory Scheme That Outlines Minnesota Workers’ Compensation Attorney Fees Is to the Benefit of Injured Workers:
A Minnesota work comp lawyer only entitles to make a claim for workers’ compensation attorney fees on genuine disputes.
This means that if you hire a work comp lawyer at the beginning of your claim, and the employer/insurer does not dispute anything (wage loss, medical, etc.), the work comp attorney cannot make a claim for fees.
Also, many attorney fees become paid for by an employer/insurer.
For example, if an injured worker’s doctor requests to perform an MRI, the insurer denies payment, and the Minnesota work comp lawyer succeeds in getting the MRI paid for, those fees become paid for by the insurer/employer.
Because of this, it is important for an injured employee to obtain a Minnesota workers’ compensation lawyer at the beginning of the case for a few reasons.
One, many different time deadlines exist that you must adhere to and failure to adhere to them can adversely affect the case.
Second, if a dispute does arise our MN work comp attorney has all the information and can make a quick decision and take quick action on the case.
Our lawyers will review your work comp case to make sure you are getting all the benefits you deserve.
Our Minneapolis/St. Paul’s work comp lawyers will take the time to explain how workers’ compensation attorney fees factor into your case so you can make appropriate decisions regarding your work comp case.
[WATCH] Tips For Making Sure Your MN Workers’ Compensation Claim is Paid
Since they’re trying to save money, insurance companies don’t like to pay out claims. Because of this, they’ll try to come up with reasons to deny or undervalue them.
If you were injured at work, try your best to not give the insurance company any reason to deny your claim.
Here are some tips to avoid getting your workers’ compensation benefits wrongfully denied.
First, report the injury as soon as possible.
State workers’ compensation laws often require you to report work injuries within 30 days.
Second, gather the names of potential witnesses.
If anyone witnessed your injury, get their names and contact information so they can verify your story.
Third, get medical treatment immediately.
Most insurance companies assume that if you don’t seek medical attention, then you weren’t really injured.
Fourth, explain how you got hurt.
Give details to your medical provider and the insurer about how the injury happened. We recommend having an attorney with you whenever you contact the insurance company.
Fifth, fill out your employer’s accident report form.
If you do not fill out an accident report with the company’s insurer, they may try to deny your claim.
Sixth, sign a limited medical authorization for the insurer.
This allows insurers to have copies of your medical records relating to your work injury.
Seventh, attend all your doctor’s appointments.
If you skip doctor’s appointments, the insurer may try to terminate your benefits.
For more information about workers’ compensation claims, contact MN Workers’ Compensation attorney; Joshua Stokaa today. We’ve helped hundreds of workers throughout Minnesota get the benefits they deserve.