How does an attorney get paid in Workers Compensation?

Asked almost 2 years ago - Los Angeles, CA

In the case of Stipulations with Request for Award, where biweekly payments are to be made for disability and future meds are to be covered by carrier, how is the injured lawyers contingency fee calculated? Assuming 15% is agreed upon, what will the attorney get 15% of? Of the past meds paid? Disability payments? Future meds covered? All three?

Attorney answers (3)

  1. George Ellis Corson IV

    Contributor Level 20


    Lawyers agree

    Answered . With a Stipulation and Award, the Attorney will get 15% of the settlement amount. That will include the Permanent Disability value and any TTD which is still due. No fee is taken from the future medical value, because that amount is largely unknown.

    We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your... more
  2. Scott Alan Schwartz


    Contributor Level 11


    Lawyers agree

    Answered . I agree with the answer provided by Mr. Corson. In addition, please note that most attorneys receive their 15% fee upfront, meaning that they don't get paid 15% of your biweekly payment. While there are instances when attorneys will not opt to get paid upfront, such instances are usually limited to claims where the applicant has been awarded a life pension.

    The answer provided herein does not create an attorney-client relationship and is only meant as general advice... more
  3. David J. McCormick

    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleagues.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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