Posted by IWA Webmaster on July 03, 1999 at 10:16:37:
In Reply to: Re: A Billion Dollar Salmon Plan posted by KPC on July 02, 1999 at 13:29:26:
KPC,
We appreciate your contibutions to this BB but need to correct you on mistatements you made.
There are several instances when an injured worker must pay their attorney.
Among them:
#1) The vast majority of the time when an injured workers' initial claim closure is reversed it is they who pay to their attorney 10% of the temporary compensation benefits previously withheld by the carrier. The carriers' unjust action cost them nothing.
#2) Unless stipulated, when an attorney is victorious in getting an increase in disability rating it is the injured worker who pays him or her a percentage of that increased amount.
#3) Most contracts of attorneys have a clause commonly called "out-of-pocket expenses." The injured worker is responsible for these charges should the employer/carrier prevail and sometimes even when they do. Just a few of these expenses include; doctor depositions, long distance telephone charges, witness fees (which can be in the thousands), and charges they incur for gathering your records.
#4) When the injured worker is forced to accept a cash settlement with the insurance company (most times due to the carriers starve-out" tactics) and give up voc retraining, and many times the right to their job back and future medical costs they incur due to their injury it is they who pay from the total their attorney. This is usually 25-33 percent of the settlement.
I'm certain I've missed more examples. Perhaps others could continue this list starting at #5.