Robbed at gunpoint and pistol whipped at work on the clock

[quincy]

Here is a link to the law governing attorney fees in worker’s compensation cases:

https://www.law.cornell.edu/regulations/texas/28-Tex-Admin-Code-SS-152-1

 

[Mark_A]

My question is, in the state of Texas, does a WC attorney take a 25% retainer fee from the settlement if there is one or what?

Most WC cases are taken by lawyers on a contingency fee basis, which means that the lawyer only gets paid if you win the case. But legal fees can be paid (win or lose) on an hourly basis or a negotiated amount, but in any case the WC legal fees in Texas are capped at 25% of the total income benefits paid. If you pay the lawyer by the hour (even if you get zero settlement) instead of a 25% contingency fee, Texas guidelines are $200 per hour for attorneys and $65 per hour for legal assistants. Beyond the main fee, there may be additional costs like filing fees, record copying expenses, expert witness fees, and travel expenses, etc, which are usually recovered from the settlement over and above the 25% contingency fee.

 

[quincy]

Here is a link to Texas Labor Code §408.221, Attorneys Fees in Workers Compensation Matters (to go along with the previous link to the Administrative Code, Texas Department of Insurance, Workers Compensation, Attorney Fees):

https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm#408.221