Attorneys' Fees and Expenses
If the insurance carrier declines to pay
any
compensation for 30 days after receiving
written
notice of a claim filed with the DOL and the person seeking benefits retains an attorney in the successful prosecution of the claim then the
insurance
carrier
must pay a reasonable attorney's fee in an amount approved by the DOL.
If the insurance carrier voluntarily pays
some
compensation and a controversy develops over the amount of
additional
compensation to which the employee is entitled, then the DOL sets an informal conference and issues written recommendations.
If the insurance carrier refuses to accept the written recommendations within 14 days and the employee retains an attorney in the successful prosecution of the claim then the
insurance
carrier
must pay a reasonable attorney's fee in an amount approved by the DOL.
If the insurance carrier is found not to be liable for a fee in the above scenarios, then the fee
may
be assessed against the claimant and
may
be made as a lien on the claimant's compensation pursuant to the Act.
In other words, if the insurance carrier denies your claim and refuses to pay any compensation benefits and you hire us, then if we are successful the insurance carrier will have to pay our fees.
Also, if:
1. the insurance carrier pays you less benefits than you are owed; or
2. the insurance carrier denies you reasonable and necessary medical care; and
3. you hire us; and
4. the DOL issues recommendations following an informal conference that the insurance carrier refuses to follow for more than 14 days; and
5. we are successful,
then the insurance carrier will have to pay our fees.
The only other way we get paid is through a lien against compensation benefits, which practically requires you to receive benefits from the insurance company for us to ever get paid.
In other words, we don't get paid unless you win... and then, we nearly always are paid by the insurance company in money that is separate and apart from your benefits.