Legal Question in Workers Comp in Georgia
Attorney's rights to wages
Injury at work was on 7-20-00. Recieved weekly 262.47. went back to work 10-30-00.In march started haveing different probs with back. On 9-24 01 went out to have second surgery to back.my they paid me like it was same injury. Attained a attorney after looking at records said it should be a new accident, they decided to not go to court and approved second accident date. Recieved a increase from 262.47 to 307.06 Plus arrears of 2700.00. my attorney fees said 25% of recovered wages. He got the 25% of the arrears. Is he entitled to 25% of my whole weekly check or just 25% of the increase. he told me that I would be making more money instead he is getting 100% of my increase and he is getting 32.00 of my original check which has dropped me from262.47 aweek to 230.00 aweek and I can't live on it Is this legal?
2 Answers from Attorneys
Re: Attorney's rights to wages
It seems to me that your attorney is taking an excessive fee. He or she should only be taking a fee from the increase of $39.59. You should talk to your attorney and tell them that you think this is excessive and not appropriate. When ever an attorney takes a fee, they must get approval from the Georgia State Board of Workers' Compensation so you might also try and find out if this "arrangement" was approved by the Board. If the fee was not approved, this gives you an additional basis to work out a more appropriate fee agreement with your attorney. Good luck.
Re: Attorney's rights to wages
It does not seem right what the attorney is doing. If you would like to discuss in further detail, please contact me at 912-232-2791.
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