Legal Question in Workers Comp in California

attorney's fees

My attorney is seeking additional benefits based on the allegation that my employer (a school district)

provided a dangerous environment. For this service, I signed a contract allowing the attorney 33% of the additional benefits.

The regular claim is at 12%. Is the contract legal?

Can my attorney chrge me 33% for additional claim(all within WC system)?

thanks. --


Asked on 2/13/02, 4:45 pm

1 Answer from Attorneys
Rob Reed Law Office of Robert A. Reed

Re: attorney's fees

As it sounds, I would imagine that your attorney has in mind to sue someone OTHER than your employer (i.e., independent contractor cleaning crew?).

This would amount to a third party claim, which is not subject to any attorney fee limitations. And, the 33% figure is standard in these situations.

If you are not satisfied with this agreement, you can fire your attorney at any time and seek another. Remember that the attorney that you fire can make a claim for the reasonable value of services performed on your behalf (but this cannot exceed the amount of fees that your next attorney would claim).

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Answered on 2/18/02, 8:02 pm


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