WHAT IS THE AMOUNT OF ATTORNEYS FEES IN A WORKERS COMPENSATION CLAIM?
There is no charge for the initial consultation in a workers’ compensation claim. Attorney fees are payable on a “contingency basis.” This means that if there is no recovery there is no fee. The attorney receives a percentage of the settlement or award at the end of the case. If a person chooses to be represented by an attorney, the attorney fees will be deducted from the settlement at the end. Attorney fees normally range from 9-l2% of the benefits awarded. The actual amount of the attorney fee will depend upon the complexity of the case. In complex cases, the fee may be l5%. The fee has to be approved by the Workers’ Compensation Appeals Board. If the attorney also represents the worker before the vocational rehabilitation unit, there may also be a fee in connection with this representation. In that case, the employer or insurance company generally withholds l2-l5% of the vocational rehabilitation maintenance benefit as attorney fees. At the conclusion of the rehabilitation process,
