How A Lawyer Is Compensated In Workers’ Comp Cases
A workers’ compensation attorney is paid on a contingency fee basis, which means he or she only gets paid if a client recovers benefits. The fee depends upon the complexity of the case, and is usually between 9 percent and 15 percent of the total permanent disability benefits recovered.
Any fee must be approved by the California Workers’ Compensation Appeals Board. Once it is approved, your employer’s insurer will deduct the amount from the lump sum settlement or the weekly indemnity check and send the fee to your attorney.
California law caps the attorney fee in workers’ compensation cases at 15 percent. That is less than the fee that typically goes to a law firm in a personal injury lawsuit. In those cases, the law firm can receive 33 percent or more of a recovery.
A workers’ compensation attorney also may be paid for taking an injured applicant’s deposition. This is known as a 5710 fee (named after Section 5710 of the California Labor Code). It is paid by the employer’s insurance company and does not reduce the recovery the injured worker receives.
We Only Get Paid If You Do
How workers’ compensation cases are valued is a complex matter. The lawyer you choose to represent you can make a significant difference in the amount you recover. Our goal is to always put more money in your pocket than you would recover without us, even after our fee is paid.
We welcome the opportunity to review the facts of your case and recommend a course of action. We represent clients in Los Angeles and throughout Southern California. A good deal of work can be accomplished through telephone conversations and by exchanging emails. Call 213-986-8498 or email us to schedule a consultation.