How Much Does it Cost to Hire a Workers’ Comp Lawyer in Philadelphia?

We get paid 20% of any wage loss benefits that we secure for an injured worker- or 20% of wage loss that we prevent the insurer or employer from reducing. Likewise, if we settle your case, we receive 20% of the settlement amount.

Fees in Pennsylvania Work’s Comp are contingent. This means, we only get paid if we win something for you. You don’t pay us anything out of your own pocket like you may with a criminal law attorney or divorce attorney.

It is a great system because it allows injured workers to get representation without having to pay out of pocket. This helps level the playing field with the employers and insurance companies who can easily pay their attorneys to try to take away your benefits.

Pennsylvania Supreme Court Changes Workers’ Compensation Law Regarding Claimants’ Entitlement to Attorneys’ Fees Under Section 440 Of The Act- Lorino Case

On December 22, 2021, the Supreme Court of Pennsylvania, in Lorino vs. WCAB, reversed the Commonwealth Court and held that in cases where claimant is victorious, a Work Comp Judge may, at his or her discretion, award attorneys’ fees to be paid by the work comp carrier. Prior to this case, fees would be awarded only where a reasonable contest wasn’t provided by the employer/insurer. (a reasonable contest would be a case where there is conflicting medical evidence by the two medical experts- one says a claimant is fully recovered and the other says they aren’t)

Why does this matter? In cases where wage loss is being paid, it’s easy for an injured worker to obtain counsel as the attorney has a clear way to get paid with victory- 20% of the wage loss benefits in most cases. But when an injured worker has a “medical only” case whereby no wage loss is being paid, it’s much more difficult for the worker to get counsel as the attorney would have to charge an hourly rate and many injured workers are struggling and cannot afford that- or the attorney had to have hoped for an award of attorney’s fees which Work Comp Judges don’t often award. This case will make it easier for injured workers to get counsel and level the playing field. However, the ruling isn’t just applicable to “medical only” cases. In this case- Lorino– it was a medical only claim.

The Court began its analysis, noting that due to the matter involving statutory interpretation, the standard of review was de novo, and the scope of review was plenary.

Furthermore, we have explained that, when the legislature uses the terms “shall” and “may” in the same section of a statute, it is a clear indication that the legislature intends certain actions to be mandatory, and others discretionary. For example, our decision in Zimmerman is illustrative in that regard. Therein, despite the Attorney General’s determination that certain proposed agency regulations were without statutory authority, the agency published the regulations in the Pennsylvania Bulletin, rendering them immediately effective. The Attorney General sought to stay promulgation of the regulations pursuant to Section 204(b) of the Commonwealth Attorneys Act, 71 P.S. § 732-101 et seq. The Commonwealth Court denied the application for stay, and the Attorney General appealed.”

Based on the established meaning of the terms “shall” and “may,” under Section 440, when a contested case is resolved in favor of an employee, the Court found that a reasonable sum for attorney’s fees shall be awarded to the claimant. And, that such an award is mandatory. However, where the employer has established a reasonable basis for the contest, an award of attorney’s fees may be excluded. In other words, the WCJ is permitted, but not required, to exclude an award of attorney’s fees.

This is a groundbreaking and outstanding case for injured workers. There is little doubt, however, that this issue will be litigated for years to come, as the Court did not give guidance on the “discretion” given to Work Comp Judges, leaving room for litigants to argue for more parameters and guidance on the topic.

Here is a link to the Lorino vs WCAB Opinion

Our Attorneys Represent Injured Workers Across Pennsylvania

When you hire The Cardamone Law Firm, you get Michael W. Cardamone handling your case. When you call The Cardamone Law Firm, you reach Michael directly. You don’t get a runner or a paralegal on the phone who takes down all your information when you make your first phone call. You don’t sent into a voice mail system that never gets checked. You get Michael W. Cardamone- and you get access!

Access is a hallmark of The Cardamone Law Firm. Michael wants his clients involved in their own cases. He encourages questions, calls, emails, and even texts. MyPhilly WorkersComp is a brand that symbolizes access and hard work. Let Michael’s 14 years of experience handling Pennsylvania Workers’ Compensation cases benefit you.

While no one is perfect, The Cardamone Law Firm strives to keep clients informed each step of the way. The Pennsylvania Workers’ Compensation system can be extremely stressful for injured workers. Our goal is to ease the burdens as much as possible and information is the key to lowering anxiety. We don’t like talking in archaic legal language. We try to explain things in an easy to understand way so that you can follow what’s happening in your case.