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 IF the fee is for a limited time period, what do we need to do to stop the fee from being withdrawn?
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
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