Legal Question in Workers Comp in California
can a workmen comp lawyer can get more than 18% of the settlement. And what % can an injured person will set asside for medicare job related injury they called it sharing cost in California
2 Answers from Attorneys
In California, an attorney representing an injured worker cannot receive more than 15% in fees.
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The law is pretty clear that attorneys are entitled only to 9-12%, as defined by the fee agreement. However, whenever I take a case to trial, or have a great deal of litigation, I ask for a 15% fee, which is almost always approved. When I litigate a 132a discrimination claim in the workers' compensation courts I have been awarded 30%, so I guess an attorney can get 18%. However, all compensation must be approved by the court. If you have an issue, then you should address the court regarding attorney fees.