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How does an attorney get paid in Workers Compensation?

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?

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Attorney answers 3

Posted

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 state before you RELY upon any legal advice.

Posted

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 based on the limited facts presented. My general advice is based on California law and not of any other state in the United States or outside thereof. Contact an attorney immediately to ascertain all rights' you may be entitled to for optimal results and to avoid the loss of any rights' for failure to comport with any statute of limitations.

Brett A. Borah

Brett A. Borah

Posted

I agree with Mr. Corson and Mr. Schwartz but i think the answer is a little confusing. When you settle your case by Stipulation with Request for Award, the attorney usually gets 15% of the permanent disability in paragraph #3. He does not get paid on the future or past medical care. The fee is paid now and comes of the far end of the permanent disability....that means they stop paying you that much early. There is no interruption in your payments, you just get paid for a shorter period of time.

Posted

I agree with my colleagues.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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