Legal Question in Workers Comp in Pennsylvania
I am a state worker who was injured at work in 2006. A fee agreement with my lawyer was 15%. I recieved Act 534/Heart and Lung Benefit so I received my full pay but WC paid the State back and my lawyer what I thought was 15% as we agreed. I find he has been receiving 20% from WC and now we are to settle. He wants 15% of settlement and I told him he needs to subtract the extra 5% he has been receiving for the past six years from the 15% settlement fee. Would that be right if not what can be done regarding him breaking the fee agreement.
2 Answers from Attorneys
It sounds like your lawyer got 20%, but you did not suffer any reduction to your pay. Now that the fee is coming out of your share, your lawyer is living by the 15% agreement. How are you harmed?
All fees must be approved by the work comp judge. When you have your C & R hearing, discuss it with the Judge and get him to rule on the issue.
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