So here's a question we get all the time. How much is a worker's compensation lawyer going to take from my settlement? Hello. My name is Ty Wilson, Georgia Workers’ Compensation attorney practicing law in the state of Georgia. And our question today is, “How much do the attorneys get paid?
Publish Date: Oct 13, 2021
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So here's a question we get all the time. How much is a worker's compensation lawyer going to take from my settlement? Hello. My name is Ty Wilson, Georgia Workers’ Compensation attorney practicing law in the state of Georgia. And our question today is, “How much do the attorneys get paid? Who helps represent the injured worker?” Well, the short answer is it is what is called a “contingency fee contract”. And what that means is you do not pay any money up front. The attorney will obviously want to make sure that you have a valid claim that they're trying to pursue for you, because if the attorney is not successful, the attorney gets absolutely nothing. And so it's important that they think that your claim qualifies as something worth pursuing. And if so, they'll ask you to sign a contract. Well, the contract says if there's a recovery, the attorney is entitled to 25%. If the attorney has to fight to get your checks cut on. And when I say fight, I don't mean to send a letter. I mean, if the attorney has to file a hearing, has to sit in a deposition, has to compose and draft discovery request to go to the insurance company and the employer and has to answer discovery requests that come from the insurance company and the employer, then have a hearing on the matter and get a decision in order to get your income benefits cut on or press them enough that they can get in assent order to get your benefits cut on, they would be entitled to 25 % of your weekly income benefit. That's not something that happens a lot, but that is a possibility. And that's something you should know about. Now, in addition to the fees, there could be expenses. What expenses? Right. Well, postage. There's a lot of stuff that goes out in the certified mail to make sure people have received it, especially notice of the letter of representation and so forth. Mail to you, the client notice of mediation, notice of depositions, request for medical records. Those cost money as well. Those would all be expenses that would be separate from the attorney fees. And so in our agreement, we will provide and everybody should an itemization of every expense that has been expensed on the file and that we're seeking reimbursement for. And the board requires it as long as it's over $150 by those are the cost and expenses. So the fees (25%) and then any cost that's associated with that. And so hopefully that will answer your question as far as what the attorneys would receive if there is a resolution on a case, and if there is a resolution in the case, there will be paperwork that breaks down exactly what those amounts are to you and to your attorney. You want to calculate it, just double check it, then take a few seconds to do that. And then whenever the resolution ends the case, there will be two checks. One to you the claimant and then one to the Attorney's office. And usually they're both sent to the attorney to the attorney to monitor the days and make sure that there's no late penalties that need to be applied to it. And so that is how it usually unfolds. Now, we have another question. How long will it take for me to get my money? Well, this is kind of a tricky question because they didn't say in what scenario I'm going to presume that they have settled their case, and they're curious as to how much the attorney is going to get paid and when they're going to get paid. And so the reality is there's a couple of things that are beyond everyone's control. What has to happen is there has to be a stipulation and settlement agreement drafted usually by the defense attorney or the attorney for the employer, ensure they will submit that to the claimants attorney claimants attorney will then go over that, send that to the claimant. They will need to go over the legal matters, whether the claimants coming into the office, whether they're sending it to them via mail, can be handled many different ways.&