Attorney fees in workers’ compensation cases are regulated by the Labor Code and the Workers’ Compensation Appeals Board.
Attorney fees in workers’ compensation cases are contingent fees. If you lose your case, you owe nothing. If you get a settlement or award of benefits, my office gets 15%. The 15% attorney fee is paid from the employee’s workers’ compensation benefits. In a few cases, the employer might have to pay the attorney fee.
In most cases, the 15% is based on the permanent disability award.
If my office obtains other benefits after having gone to the Board, I request 15% to be withheld from past due benefits.
If the case is settled, my office requests attorney fees of 15% on the amount of the settlement.
California has one of the lowest percentages for attorney fees in the nation. The Labor Code provides for attorney fees between 9% and 12%. In practice, the Workers’ Compensation Appeals Board has approved 15% attorney fees for many years. My office as well as all other workers’ compensation lawyers in the Los Angeles area all charge and get a 15% fee.