Phoenix, AZ asked in Workers' Compensation for Arizona

Q: Per 2022 Arizona Revised Statutes Title 23 - Labor § 23-1069 - Attorney's fees; payment; time limitation

My husband was totally disabled by a work injury in 2016. He was awarded a monthly benefit for the rest of his life. The attorney takes 20% of each payment. Per the above Arizona statute, should the attorney's fees stop after 5 years? The WC Insurance sends the monthly payment directly to the attorney who takes their 20% cut and then sends my husband the balance. When we asked about this at the time of the disability award, we were told that the 20% fee lasts forever. IF the fee is for a limited time period, what do we need to do to stop the fee from being withdrawn?

Related Topics:
1 Lawyer Answer
Joel Friedman
Joel Friedman
  • Workers' Compensation Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The standard for attorney fees in Arizona work injury claims is probably more than the 20% that your husband is paying and typically is 25% of the benefits. The answer to your question is in ARS §23-1069 (A), which provides that the Industrial Commission will set a fee subject to the limits in (B) "upon application filed by the attorney or the claimant prior to a final disposition of the case." If your husband and the attorney did not file a fee application before the disability benefits award became final, the statute you found should not apply. Your husband can, and should, talk to the attorney if he thinks something is unfair, but most work injury attorneys continue providing legal services even after permanent benefits are awarded, for example to help with questions about medical benefits, annual reports of income, and other requirements of the insurance company

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.