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State approves fee increase on workers' comp claims

Those who are injured while on the job in Richmond are rightly entitled to workers' compensation benefits to help assist them financially until such point as they are able to return to work. It should be remembered, however, that benefit providers do not remain in business by paying out on very claim that they receive. Thus, the news of workers' compensation claim denial should not come as a complete shock. Yet it also should not signal the end of one's quest for benefits. 

In such a case, Richmond residents would be wise to seek out the services of a skilled attorney to help them in appealing their claims. An attorney offers a wealth of knowledge regarding both state workers' compensation requirements as well as the rules regulating civil procedure (if action escalates to a lawsuit). A common question that arises when securing the assistance of an attorney is how much will such services cost? 

Per the official website for the Kentucky Legislature, an amendment to state law was recently approved that will raise the cap on attorney fees for cases involving workers' compensation claims from $12,000 to $18,000. Broken down specifically, the attorney fee schedule on such claims is as follows: 

  • 20 percent for the first $25,000 of an award
  • 15 percent for the next $25,000
  • 10 percent for the remainder of the award

The Program Operations Manual for the Social Security Administration points out that attorney fees can be paid out in one lump sum, or simply held out of whatever weekly benefit amount one is receiving as part of an award settlement. Those who file their workers' compensation claims prior to the date of the amended law going into effect (July 14) will be grandfathered in under the previous cap amount of $12,000. 

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Shumate, Flaherty, Eubanks & Baechtold

225 West Irvine Street
Richmond, KY 40475

Toll Free: 800-494-9916
Phone: 859-353-0878
Fax: 859-623-6406
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P.O. Box 157
Richmond, KY 40476