Spokane, WA asked in Employment Law and Workers' Compensation for California

Q: Is there a law stating the max attorney fees for workers comp cases in CA? I've read 15% one lawyer is asking 18%

2 Lawyer Answers
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: The Labor Code just says 'reasonable' which is as clear as mud. The FEE DISCLOSURE FORM you signed at the outset says 9-12%. The WCAB Judges regularly award 15%. The judges in MARINA DEL REY award 18% because the rent is so much higher around that region. But it's just practice, it isn't a code section. SO INSIST THE LAWYER FILE THE APPLICATION IN LONG BEACH OR LA and not in Marina Del Rey to keep 3% more of your $$$ in YOUR pocket.

Joseph Alan Hernandez
PREMIUM
Joseph Alan Hernandez
Answered
  • Workers' Compensation Lawyer
  • Eureka, CA
  • Licensed in California

A: The fees for a California state bar certified applicant attorneys is across the board- 15%.

This 15% is from the total award offered, agreed upon settlement and signed off by the Judge. There are fees the attorney can file for late payments. For example:

The percentage will increase for monies owed when there are late fees involved. This results in a 10% increase to you under LC 4650 (d) at a 10% fee based on what is owed. Your attorney can request interest for filing. For example: mileage reimbursement.

Besides fees, the overall settlement is only subject to 15%. The only issue included in settlement that is subject to attorney fee percentage change is the 132 (a):

Your attorney should have addressed with you the 132(a) claim at the very beginning of representation. This requests a higher percentage upon award and is derived directly from your employer. This petition deals with discrimination against age, sex, religion, fling a claim, etc.

Otherwise, unless you have a conflict that falls under the 132 (a) claim; your attorney is only entitled to the 15% fee based on the final award.

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