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How Do I Pay a Lawyer to Represent Me in My Workers’ Compensation Claim?

Burdine & Brown Oct. 28, 2019

All lawyers in Georgia must have you, the injured person, sign a contract of representation that must be filed electronically with the State Board of Workers' Compensation the moment you form an attorney-client relationship.

This contract is called a contingency contract. The lawyer cannot receive any of your money or benefits if the lawyer did not win that money for you.

So you go to a lawyer and you are already drawing workers' compensation weekly disability checks. Then the lawyer is NOT entitled to charge you at that time for representing you. If you lose the weekly checks because the insurance company suspends the checks, and the lawyer is successful in re-instating your workers' compensation money, the lawyer may apply to the State Board of Workers' Compensation for approval of their fee at the rate of 25%.

However, the lawyer is required to send an “efforts letter” to the State Board f Workers' Compensation if the lawyer is seeking part of your weekly checks for their effort in getting the checks re-instated. There are certainly some rather sneaky lawyers that try to get their fees approved for doing very little work in one's case. If your benefits have been suspended and your lawyer was only marginally helpful in getting the checks re-instated (computer-errors/mistakes or mistakes made by the doctor's office reports, etc.), then have a conversation with the lawyer about his/her interactions about seeking their fee agreement approved by The Court.

As most of you know, at the time of settlement of your case, the attorney is awarded 25% of the settlement funds.