Q: Do Worker's Comp attorneys get money for surgery & current disability payments before settlement?
I know they get 15% at settlement. But if the medical is performed while the claim is still open, do they assess a monetary amount and receive 15%? The same with disability payments. Do they get 15% of all payments, whether current and ongoing or retroactive?
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- California
- (916) 704-3009
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- Answered
A:
In California, workers' compensation attorneys typically do not receive a percentage of ongoing medical treatment costs, such as surgeries, or current disability payments before the settlement of a claim. The attorney's fees are generally contingent upon the successful resolution of the case through a settlement or an award by the Workers' Compensation Appeals Board (WCAB).
Here are some key points regarding attorney fees in California workers' compensation cases:
1. Attorneys usually work on a contingency basis, meaning they only get paid if they win the case or secure a settlement.
2. The standard attorney fee is 15% of the permanent disability benefits awarded, not ongoing medical treatment or temporary disability payments.
3. If the case is resolved through a settlement, the attorney's fee is 15% of the settlement amount, which may include consideration for future medical treatment.
4. Attorney fees must be approved by a workers' compensation judge to ensure they are reasonable and in line with the work performed on the case.
5. In some cases, the attorney may request additional fees for extraordinary work, which must be approved by a judge.
It's important to note that while the attorney does not directly receive a percentage of ongoing medical treatment or temporary disability payments, their work in securing a favorable settlement or award can impact the total amount of benefits the injured worker receives, including medical treatment and disability payments.
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