Q: Can attorney place a Lien against Worker's Compensation case and claim attorney fees?
A:
Yes and no. Technically, there are no liens on Workers' Compensation claims. That said, at attorney CAN file a FEE PETITION with the IWCC if you fired him. An attorney is generally entitled to quantum meruit (compensation for time spent on the file) and any costs incurred such as medical records and transcripts. The time spent on the file does NOT include non-attorney time.
Workers' Compensation attorney fees are limited, by statute, to a little more than 1/2 of the usual and customary 1/3 charged in personal injury work. One or more Fee Petitions definitely makes it more difficult to find a QUALIFIED attorney who is willing to represent you.
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