Legal Question in Workers Comp in Iowa

workers comp weekly benefits

i retained a lawyer for a workers comp injury-was receiving benefits before he was hired-now all of a sudden he wants me to give him a perecntage of my weekly benefits.i have not signed any form giving him permission to do so but he has also had the check made out in his name and mine. and sent to him. how ethical and legal is this. our contract at first was for a third of the settlement.


Asked on 8/20/08, 5:38 pm

1 Answer from Attorneys

Stephen Lombardi Lombardi Law Firm

Re: workers comp weekly benefits

It's not unusual for a lawyer to get paid from weekly benefits; in fact it should be expected. Lawyers normally and by rule in Iowa are required in contingent fee cases to have written fee agreements. I've used one for 27 years. If the weekly benefits are disputed then you pay a fee. If not, then unless there is some extenuating circumstances, probably not. There is weekly indemnity benefits paid during the healing period and those paid for permanent impairment. While PPD benefits are always disputed TTD benefits are not categorically disputed. I'd need to know more before I could give you a definitive answer. I've probably confused you more than anything so let me say, read your contingent fee agreement and see what it says about weekly indemnity benefits paid during a healing period as well as disputed benefits.

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Answered on 8/27/08, 11:01 am


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