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what can a attorney recieve from your backpay? - Printable Version

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RE: what can a attorney receive from your backpay? - Timothy Belt - 11-08-2010

As an attorney from another state in which a 20% fee is also the norm, I can tell you that if no further litigation occurs after the claim petition it usually takes 2-3 years of ongoing fees from the wage loss checks before I break even on the time actually put into the original claim. It is not greed, in fact it is the exact opposite. We agree to do the work for free with the understanding that if we are successful we will then get paid. I challenge you to find another profession that is regularly willing to work under these conditions.

DANIELLE38 Wrote:[quote=jayne]
if he fought for you and got it for you he earned it for you
/


Please dont talk stupid to me about this question. yes he did do work for me to get my back pay and was also awarded 12,600 by the workers comp judge and still want 20% of what I get especially my weekly payments and back he is already paid why be greedy?



RE: what can a attorney recieve from your backpay? - Manley2 - 11-08-2010

Mr Belt I believe what you are saying. Myself for one didn't like the fact my lawyer got 20% of my back pay but when you stop and look at what they have to do for it you come to the understanding of why. It does seem unfair to loss the money you should have been paid from the start and yes this is something I feel your employer should pay because they withheld it from you. Maybe one day these laws will be changed but until we speak out nothing will happen. Problem is most of the people that makes these laws are lawyers so it's like cutting their own throats. And it just doesn't happen to enough people to make us heard. Trust me a good lawyer is worth his weight in gold, and I feel they deserve what they are getting. It's just the employers that should be paying the extra costs for this and not the injuried workers


RE: what can a attorney recieve from your backpay? - Timothy Belt - 11-08-2010

I would also note that if this was a PA case, and the judge had approved the fee, the fee would remain payable to the original lawyer even if you changed lawyers until a new decision was issued eliminating the fee. Furthermore, the original lawyer would be able to dispute any attempt to stop his fee under the original order and may have a claim for a fee out of any later settlement. I don't know how these things are handled in your state, but it may be similar. As a result, you could have a new lawyer doing the work while the original lawyer continues to receive the fee.


RE: what can a attorney recieve from your backpay? - Cervical_Fusion - 11-08-2010

I agree that a good wc attorney are worth their weight in gold. I can not understand how they can afford to take on cases on an assumption that they will get paid only if you the injured worker gets paid. Here in Ohio the attorney gets 33 percent of what he gets for you. I have never and never will dispute what i have paid him, he has earned every dollar he has been paid. If it were not for him then I have no idea where my case would be today. I praise him for the work he has done and will continue to do for me. He has worked hard to get paid.


RE: what can a attorney recieve from your backpay? - jayne - 11-08-2010

I give my lawyers name to anyone here in Okla that gets hurt on the job...he was awesome...if not for him I dont know where I would be but I know I would have lost our farm trying to just get medical help.....he got 33% and worked for every dime....


RE: what can a attorney recieve from your backpay? - orange - 11-08-2010

he gets a % of everything!


RE: what can a attorney recieve from your backpay? - shelkai246 - 11-15-2010

DANIELLE38 Wrote:I finally recieved my back pay from workers comp not my settlement. I recieved $30,000 plus $6,000 in penalties. My attorney recieved $12, 600 by the judge. Now here is the thing, he said that he is to get 20% of my back pay and also that my weekly checks will go to his office and put into a iota account which will be 20% of my weekly checks. do anyone know if this legal? He is ripping me of, I am living in the state of louisiana can someone give me some advice. I sit to late to change attorneys?


Double check your fee agreement with your attorney. It is completely legal for the attorney to retain 20-25% of any retroactive compensation benefits, as well as ongoing benefits (which is every 4th check= 25% of each check). Your attorney helped you get these benefits in which you likely could not have obtained on your own (or else you wouldn't have needed an attorney). Basically, they are entitled to a fee at this point in the juncture and again upon settlement.


RE: what can a attorney recieve from your backpay? - freebird - 11-15-2010

DANIELLE38 Wrote:I finally recieved my back pay from workers comp not my settlement. I recieved $30,000 plus $6,000 in penalties. My attorney recieved $12, 600 by the judge. Now here is the thing, he said that he is to get 20% of my back pay and also that my weekly checks will go to his office and put into a iota account which will be 20% of my weekly checks. do anyone know if this legal? He is ripping me of, I am living in the state of louisiana can someone give me some advice. I sit to late to change attorneys?

My WC Claim is in Louisiana. My Attorney gets 20% of my settlement and office expenses(around $1000 for this).
He receives $0 of my weekly checks. I guess I got a better deal. Smile


RE: what can a attorney recieve from your backpay? - Backsout - 11-15-2010

The attorney I talked to wants $150.00 an hour to get my records, and 20% of the settlement. Im still looking, but I"m running out of time.May have to. All the best.


RE: what can a attorney recieve from your backpay? - orange - 11-15-2010

you need to get a board certified wc attorney. most do not charge unless you win you case!