California  |  Workers Comp

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10/29/09, 3:44 am

Legal Question


can a workmen comp lawyer can get more than 18% of the settlement. And what % can an injured person will set asside for medicare job related injury they called it sharing cost in California


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11/03/09, 9:51 am

Legal Answer


In California, an attorney representing an injured worker cannot receive more than 15% in fees.

If you have any further questions, please feel free to contact me at 1.877.505.INJURY.

David Lupoff

Law Offices of David B. Lupoff
15915 Ventura Blvd. Penthouse 4
Encino, CA 91436

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11/03/09, 11:53 am

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The law is pretty clear that attorneys are entitled only to 9-12%, as defined by the fee agreement. However, whenever I take a case to trial, or have a great deal of litigation, I ask for a 15% fee, which is almost always approved. When I litigate a 132a discrimination claim in the workers' compensation courts I have been awarded 30%, so I guess an attorney can get 18%. However, all compensation must be approved by the court. If you have an issue, then you should address the court regarding attorney fees.

Ronald Mahurin

Law Offices of Ronald Glenn Mahurin
932
Belmont, CA 94002

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