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Frequently Asked Questions about Workers' Compensation and Social Security Disability

 


Q: DO I HAVE TO PAY FOR  ATTORNEY FEES OUT OF POCKET?

A: NO. FEES IN WORKERS COMPENSATION CASES ARE SET BY THE LAW JUDGE AND CAN ONLY BE AWARDED OUT OF THE ACTUAL MONEY OBTAINED FOR YOU BY THE ATTORNEY.

OVERALL ATTORNEYS FEES ARE A VERY SMALL PORTION OF ANY AWARD THAT YOU MAY RECEIVE IN A PARTICULAR CLAIM (THE MEDICAL CARE YOUR ATTORNEY HELPS TO OBTAIN FOR YOU ARE NOT SUBJECT TO ATTORNEY FEES). THESE FEES ARE SET BY THE LAW JUDGE AND MAY BE AWARDED DURING THE COURSE OF YOUR CASE OR EVEN AT THE END OF YOUR CASE. In a sense, they are a contingency fee but unlike a negligence case, the actual percentage is not predetermined, instead it is overseen by the Workers Compensation Board.

Attorney Fee Rules

Costs - often times there may be additional costs invovled in pursing your case. These costs generally will be payments for medical records and copies. Since these costs are not reimbursable to the attorney, your attorney may ask you to pay for the cost of obtaining those records since it is for your case. However, an attorney cannot ask you to pay their fee other than through the approved deduction from your award when in front of a Law Judge.


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