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Is there a cap in california for workers comp lawyers

San Francisco, CA |

work injury

Attorney Answers 4

  1. I assume your question is whether there is a cap on attorney fees, not on the number of attorneys that are allowed to practice in California. As for attorney fees, the rule of thumb for most cases will be 15% of any settlement or award. The fees are ordered by a judge, who is supposed to determine what is reasonable. In some instances of complicated issues, more may be awarded. If you are asking if there is a dollar figure maximum, there is not. .

    Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Each case is pursued differently based on its own merits. As such, there is no guarantee as to the outcome of any case. No attorney/client relationship will be established by contact with this AVVO answer or any messages or emails from Silberman and Lam, LLP. Attorney/client relationship will begin only when a retainer has been signed.

  2. Assuming you are talking about fees awarded, the general rule of thumb is 15% of your award. The amount depends on the complexity on special occasions may be increased or decreased. You should have signed a fee agreement when you first hired your attorney, which discloses how much they will take for their attorney fee.

  3. I'm not quite clear on your question. If you are asking about a cap on the number of WC lawyers, the answer is "no." If you mean a literal cap, the answer is again "no." If you mean a cap on the amount of time or work we do on a case, the answer is "no." If you mean on attorney fees, there is no dollar limit on attorney fees (the more $$ you get the more the attorney gets), there is generally a limit on % of attorney fees of about 15% although I've seen it go as high as 20-30% depending on the circumstances.

  4. The official fee disclosure statement in California (DWC Form 3) says "attorney fees normally range from 9% to 12% of the benefits awarded." I do not know why this form has not been updated, because every single Board in southern California will usually award 15% as the typical attorney fee. So there is no cap on the actual amount -- but there is a limit on the percentage.

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