Attorney Fees For Workers’ Compensation, Personal Injury, or PERA Disability Claims
Initial Consultations Should Be Completely Free.
At Meuser Law Office, P.A. we do not charge a fee for initial consultations. During our no-obligation, legal consultation, one or two attorneys will meet with you in person at our office in Eden Prairie, Minnesota. First, we will explain your rights under the Minnesota workers’ compensation system, personal injury law, and/or PERA disability law. We will then extensively review any and all claims that you may have as a result of your injury. We also encourage potential clients to bring their spouse or a family member to the initial consultation so they may be involved as well. These meetings typically last an hour and, even if you do retain our firm for your work comp, personal injury, or PERA disability claim, we will not charge our clients for this time.
Workers’ Compensation Attorneys Fees
(1) Minnesota workers’ compensation attorneys are only paid if there is a genuine dispute.
If your employer and the workers’ compensation insurer pay for every medical bill, approve every medical treatment, pay rehabilitation benefits, and wage loss benefits for which they are obligated under the Minnesota Workers’ Compensation Act, then no attorneys’ fees are charged. This scenario is extremely rare and rather, the norm is not if they will deny you benefits, but when.If you are currently receiving ongoing wage loss benefits such as temporary total disability benefits, and the employer continues to pay, you will not be charged attorneys’ fees if you retain a lawyer. But, if your employer stops paying your wage loss benefits, and your workers’ compensation attorney secures wage loss benefits on your behalf, then attorneys’ fees will be taken from your ongoing wage loss benefits. This, scenario commonly unfolds after a Notice of Intent to Discontinue Benefits (NOID) conference.
(2) All Minnesota workers’ compensation attorneys are paid the same.
Minnesota Statute § 176.081 sets forth the rules governing attorney’s fees for workers’ compensation claims.
If you were injured before October 1, 2013, then attorneys are paid 25% of the first $4,000 of wage loss benefits recovered on your behalf and 20% of wage loss benefits secured thereafter.
If you were injured after October 1, 2013, then attorneys are paid 20% of the first $130,000 recovered in wage loss benefits.
(3) All attorneys’ fees paid by injured workers are contingent.
You do not pay a retainer or any up front attorney’s fees for work comp legal services. Contingency fees mean that you only pay your work comp attorney if he or she is successful in recovering wage loss benefits on your behalf.
Roraff and Heaton Fees
If your workers’ compensation claim involves medical care or rehabilitation benefits, then the employer and the workers’ compensation insurance carrier is responsible for paying your attorney for his or her time spent recovering those benefits for you on your behalf. The work comp insurance carrier and the employer pay your attorney Roraff or Heaton fees on an hourly rate. These fees do not come out of the benefits owed to you.
Personal Injury Attorney’s Fees
While not governed by statute, most personal injury attorneys in Minnesota work on a contingency fee bass. If no monies are recovered on your behalf, then you do not owe any fees. Most attorneys charge one-third the total amount recovered on your behalf as a contingency fee. Some firms increase their rates to 40% or even higher if the case is sued out.
At Meuser Law Office, P.A. we charge one-third of the total amount we recover on your behalf, regardless if the case settles, is sued out, or goes to trial. We also advance all costs in your personal injury case, which includes the costs for expert testimony, process services, procuring medical records, and investigations.
PERA Disability Attorneys Fees
When pursuing a claim on behalf of our clients for PERA disability benefits, Meuser Law Office, P.A. will charge on an hourly basis. We take great pride in representing Minnesota’s police officers, firefighters, paramedics, correctional officers, and first responders. Our reputation in our Minnesota community matters to us. We recognize that many of our clients are in a tough financial position as a result of their injury and, as such, we work to ensure that they are still able to retain our services.