Legal Question in Workers Comp in California

do a need to give a 15 percent of my job salary lump sum to my attorney even if case is not closed, is it true that I need to give her money every time there is a payment from my job, I was not receiving anything for 23months, they finally approve my claim last month. She said I need to give her 15 percent of any amount I receive from my salary lump sum. I receive 10.000dollars. My case is not close, they owed me a lot of my salary money, hope to get it soon, but she said I need to give her money avery time I recover. Isnt it suppose to be, until my case closes. as I was told when I start my case..


Asked on 3/15/10, 9:29 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

No attorney's fee is payable in a WC case until the WCAB orders the amount of payment and when it starts. Usually the fee, that can vary but if decided by the WCAB judge is awarded when the amount of permanent disability is decided on and awarded. It has been many years since I personally handled such cases, but at that time there never was an award of attorney fees against temporary diability; also, the percentage is not against your normal salary but against the amount of actually awarded, which normally is no more than 2/3rd of salary. In addition, the attorney is bound by what you were initially told.

Does this attorney have any WC experience? Get her to state in writing what the exact fee agreement is as you may have misunderstood her. Then take that to the information officer at the Board and see if it is correct. If she is trying to charge you illegally, she can and should be referred to the State Bar. If she will not tell you in writing what she is charging, write her a note stating what you think she is charging ands that she needs to confirm it so you have it for your tax return preparer.

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Answered on 3/20/10, 11:53 am


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