I was at a hearing recently, just after a knee surgery and the judge ordered the insurance company to pay me my total temporary rate. He also said "As lien on above award payable by separate check by carrier to claimants representative or attorney"( to an attorney who was no longer on my case), the sum of $250.00. Does this mean its ok for the insurance company to take it out of my payment? I understood that any payments made to attorneys or legal representatives were paid after the claim was settled and closed. The claimants bi-weekly payments were unaffected. Am I understanding correctly, or is it ok, that the insurance company deducted the payment from my check?
You did not understand correctly. Fees are set by the Workers Comp Board and payable out of the award. For a variety of factors, in many cases there is no settlement. For example the claimant fully recovers and returns to work with no permanent injury or loss of earnings, or earning capacity. Wherewould the law get paid from?
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