My L&I attorney got my claim going and received 30% of back payments. Now everything is flowing fine. I have some issues and I want to fire her. Does this attorney continue to receive my weekly time loss checks and take 30% out each week if I fire her? Please answer. Is this normal to take so much?
Workers' Compensation Lawyer
I do not know if it is "unusual." In most PI cases, the Attorney gets 1/3. In CA workers' compensation, the injured workers' attorney gets 15%. That is why they must have a lot of files.
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Personal Injury Lawyer
I can state that in Wisconsin attorney fees are capped at 20%. However, since your attorney was responsible for obtaining benefits for you, they are entitled to claim a fee on all benefits they are responsible for obtaining.
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.
For ongoing timeloss compensation, the fee should be 15%. You should talk to your attorney about your concerns and try to work out something that will work for both of you going forward. Good luck.
In most jurisdictions, it is customary to take a fee on accrued benefits
only, not future benefits.
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