In California, an injured worker is generally not supposed to pay out of pocket to their attorney for legal representation in a workers’ compensation claim.
Should an injured worker obtain a settlement or award as the result of their claim, when the award or settlement is approved by a Workers Compensation Judge (WCJ), the approving judge will typically deduct 15% of whatever the award or settlement amount is and provide it to the attorney as their fee. While it is important to note that the court has wide discretion as to the actual percentage of the fee, it is most unusual to vary from 15%.
If the injured worker has been represented by multiple firms during the course of their claim, the attorney fees do not increase—rather, the 15% designated attorney fee will be split by the various law firms and attorneys based upon the fair value of the representation they provided.
This is good news for anyone who wants to pursue a worker’s compensation claim with the help of a lawyer, especially for anyone who is already worried about how their finances may be affected by the case. Essentially, you can rest assured knowing that if you choose to hire an attorney to maximize your workers’ compensation settlement, you won’t have to pay any fees from your own pocket. This practice ensures everyone has a fair chance at a claim, not just those who can afford it.
Have you been injured in a work-related accident? Our Santa Clarita workers’ compensation lawyers can help you put your claim together and represent you in hearings throughout California. Contact us today to learn more.