Settling my case: How much should the lawyer get?

[Havanese101]

Hello!

So I am settling after 5 years of fighting with two companies and multiple back injuries. The lawyer is getting 15% from a 48K sum.

The problem:

He said next year they will ask if I want medical treatments to continue or another lump sum.

I expected this to be taken care of already but its not. I dont think its fair that if I decided to get a lump sum instead of medical that the lawyer would get another cut off of that. Hes already getting a cut from the 48k why should he get another one?

What do you guys recommend? Can I switch lawyers?

[1171]

you can switch lawyers at any time but fees are generally set by state law and approved by the state's comp court so getting another lawyer won't let you get out of a fee.
but then again we don't know your state so can't say what your laws are.

[jayne]

if you are only paying 15% you are getting off easy my got lawyer 33% and he was worth every penny...they have to pay their bills too you know.could you have done his job?

[chrischris]

WC attorneys are paid on a contingency basis, so it is to their benefit to settle your case as high as they possibly can. In California, the % is set by the WCJ in each case, up to 15%. The amount of the attorney fee is calculated on:
1. The amount of your Permanent Disability Award
2. The amount of any retroactive Temporary Disability Payments
3. Any money received to settle your Future Medical Treatment.
4. Any money you receive by way of retroactive vocational rehab allowance
5. Any penalties you recover. (can be higher than 15%)

[Cervical_Fusion]

Here in Ohio if you are setteling peremnant total the attorney gets
33 percent....

If you are applying for permenant total and the courts award you permenant total they the fee is a little different

the attorney fee for permenant total is 33 percent of the backpay you receive at the time you are awarded permenant total and an additional fee of 10 grand..

The 33 percent is taken out of the back pay
the 10 grand is paid to your attorney by the state workers comp and they deduct the 10 grand from you weekly payments ....those payments are deducted untill you pay the 10 grand back to wc....the injured worker gets to set up the dollar amount deducted from their weekly payments and the number of weeks they want it deducted to equal the 10 grand.... or you can have the dollar amount deducted indefinately ....but if you choose indefinate they will continue to make that deduction even after your 10 grand is paid back...so they come out ahead....if u choose that method.... unless you die before it is paid back......I know this as I have the application and fee schedule forms laying here on my desk... so sign and get back into my attorney.... I have had them for 6 weeks laying here I am sure my attorney will be delighed when he gets them back in his office... these days I am slow at everything anymore..... If you are awarded Permenant Total ...the back pay goes back to when your temp total stopped....once weekly payments start those ,Per Total payments
start they continue for the rest of your life untill death....... We are going to apply for this as soon as I get the papers back to the Attorney........So it is to the employers advantage to settle with the injured worker... as it would cost them less in the end...you can keep medical open here to and are not required to close that part of the claim.....
I wish it would only cost me 15%...That would be a great savings for someone in this state but we have to pay the 33%...plus 10 grand for additional monies.

[Havanese101]

Thanks for your replies, Im In California.

i dont mind paying the lawyer for the case closing hes getting 8K but I dont see why he should get a cut of my medical continuing versus settlement?

[1171]

there is no guarentee you could buyout your medical for that much without your lawyers help.
if you think you can then leave your medical open and after you settle your disability. substitute yourself in place of your lawyer.
then try and settle the medical separately by yourself.

[bronco54501]

Thats a game I wouldnt be playing in, a attorney is somtimes worth thier fee... Here in wi its 20% for everything except misc fees which could lead to a hefty fee... I have done all the leg work up til feb of last year I was injured in 07 ..