Legal Question in Workers Comp in California

The short answer is no. An applicant's attorney is paid a percentage of the settlement when a case closes, as well as attorney fees for depositions (per LC 5710).

A defense attorney is paid by the insurance carrier, or sometimes by the employer, depending on the type of representation, usually on an hourly basis.

An applicant's attorney can also receive fees if he/she has to take a case to the WCAB to enforce an Order or to ensure that the injured worker is receiving appropriate benefits, such as temporary disability or medical treatment.

Also, the fee is not set normally until there is a final determination of what the permanent disability rating is.