How do I Pay attorney fees on an Oregon Workers' Compensation claim

Oregon Workers’ Compensation Regulates Just About Everything

Oregon Workers' Compensation regulates just about every aspect of an on-the-job injury claim. For example, rules tell insurance companies how much it must pay you for any mileage for traveling to and from medical appointments and sets limits on reimbursement for meals or lodging while going to and from doctors. The statute also regulates how much physicians and other medical providers can charge for their services. Attorney fees are no different.

How Your Attorney Gets Paid

Your Oregon Workers' Compensation attorney is paid only if "instrumental" in getting a benefit denial overturned, increasing a permanent partial disability award, or negotiating settlement of your claim.  The State of Oregon, through an Administrative Law Judge or agency official, must approve the fee before it is paid.

Attorney fees are earned only with success.  That is what the “instrumental” language is all about.  If your attorney is not successful in appealing a benefit denial, claim denial, or a Notice of Closure, there is no fee.  This minimizes your risk in hiring a lawyer to help you with the claim.

“Costs” and How They Are Paid

In some cases, the insurer may even have to pay the costs of fighting a claim denial.  An njured worker’s attorney often incurs expenses in fighting a claim denial, including the cost of obtaining medical records, and presenting medical expert opinions.  Instead of passing these costs to the injured worker after overturning a denial, insurers must pay costs in addition to attorney fees.

Our workers compensation fee agreement covers all the contingencies.


If you have an issue with your workers’ compensation carrier, and want to know if we can help, contact us. At the very least, we can help you know where you stand.

Joe Di Bartolomeo
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Top-rated Personal Injury Lawyer Helping Oregon and Washington Families