Workers Comp, DI, and Attorney Fees?
I spoke to a lawyer (in California)regarding an on the job injury.
He told me that it is my duty to file for Disability Insurance and that he’d represent me in My Workers Comp case.
He said he’d charge 15% of any settlement I’d receive from Workers Comp.
Does this mean that I can receive one lump payment from WC, from where he takes 15%? Or would WC give me a weekly check (until I recover) and does he get 15% from my weekly check?
Thanks in advance.
Published by: Admin on October 5th, 2009 | Filed under Workers Comp Attorneys
One Response to “Workers Comp, DI, and Attorney Fees?”
Leave a Comment
You must be logged in to post a comment.
October 4th, 2009 at 3:40 am
If you are injured on the job you must report the injury to your employer first, and then when you seek medical attention you must notify the doctor how you were injured and that it is work related. In California we do have a separate DI system, but if your injury is work related then it goes through that system first. What the attorney is talking about for his/her fee is that at the end of the case a rating will be assigned to your case and injury. You may be offered a settlement offer, depends on the injury and how it happened. If there is a settlement the attorney would get 15% of that fee. Be very careful how you proceed, and really consider whether or not you need an attorney. WC is ruled by state regulations and federal regulations. Some times an attorney helps, some times they only slow down the whole process. I have heard of some attorneys who take the weekly checks and then issue you a check less the 15%, and then take the 15% from the final settlement as well. Make sure you clearly understand where and how the fees are going to be paid. It will be coming out of your money one way or another.