Legal Question in Workers Comp in Maryland

How much is my lawyer allowed to take out of my TTD check?

Hi! I just received an award of compensation letter, and I have a few questions about it.. that unfortunately my lawyers office could not(or shall I say would not)answer for me. The very last paragraph of my award letter states:

ORDERED that from the final weeks of compensation due and owing, a counsel fee in the amount of ''x'' plus costs in the amount of ''x'' to (My lawyer's name) for legal services rendered the claimant; subject to the provisions of the Workers' Compensation Law of Maryland.

The second amount stated in that paragraph is exact amount that my lawyer and I agreed would come out of my check. However, if both amounts are taken from my check, it would add up to be about 70% of my TTD check. How is that possible? I thought the law was a maximum of 20% and that being from the FINAL settlement. Which we haven't reached yet. This is the initial order,for my AWW. When I called my lawyer's office, to ask them to clarify this, if Workers' Comp was paying this amount, or if it was coming out of my check, The secretary said it was to be taken from my check, and told me i should be greatful for recieving anything. That my lawyer would contact me when they got the check. Does the Order mean WC will pay the legal fee's? Help.


Asked on 10/06/06, 12:15 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: How much is my lawyer allowed to take out of my TTD check?

Attorney's fees are computed according to the workers' compensation law and must be approved by the Commission. In TTD awards, the rules say the fee cannot exceed 10% of the compensation that has accrued as of the date of the award. What is probably happening in your case is that the fee will be taken out of the first few payments until it's fully paid, and then you'll get the balance. Your attorney ought to be able to explain all of this to you.

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Answered on 10/06/06, 12:33 pm


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