How Much Does a Workers’ Comp Lawyer Cost in Kansas?

Learn whether you can afford to hire a lawyer in your workers' comp case.

In Kansas, as in many other states, workers’ comp lawyers are paid only if you win your case. This means that your lawyer is successful either in getting the insurance company to pay you benefits or in preventing the insurance company from stopping your benefits. (To learn how much you might receive if you win, see our article on workers’ comp benefits in Kansas.)

Maximum Attorneys’ Fees in Kansas

Rather than charge by the hour, lawyers in workers’ compensation cases generally take a percentage of your award or settlement (called a “contingency fee”). This means that you don’t pay your lawyer out of your own pocket, and you don’t owe any attorneys’ fees unless you win your case.

In Kansas, attorneys’ fees in workers’ comp cases must be reasonable, but cannot be more than 25% of your settlement or award. Your lawyer must submit his or her charges to the Workers’ Compensation Division of the Kansas Department of Labor for approval. In deciding whether your lawyer’s fee is reasonable, the Division will consider the following factors (among others):

  • any settlement offers you received before hiring the lawyer
  • the time and effort spent by the lawyer on the case
  • the complexity of the case
  • the fees customarily charged by other lawyers for similar services in the area
  • the result you obtained in your case, and
  • the experience and qualifications of the attorney.

Your lawyer can only take a percentage of benefits that he or she helped you secure. For example, if the insurance company is voluntarily paying you temporary total disability benefits, your lawyer should not take any portion of those benefits.

Legal Costs in Kansas Workers’ Comp

Your lawyer’s fee does not include any legal costs incurred to pursue your case, such as filing fees, deposition fees, expert witness fees, and copy fees. Many lawyers will pay for these costs throughout your case and then deduct them from your settlement or award. However, you should confirm how legal costs are handled—and whether you’ll need to pay them if you lose your case—before signing a fee agreement with a lawyer. (To learn more, see our article on what items are deducted from your workers’ comp settlement or award.)

Initial Consultations

Most workers’ comp attorneys in Kansas will meet with workers for a free consultation before deciding to take on a case. To learn more, see our page on finding and hiring a workers’ compensation lawyer.

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