Articles

Workers’ Compensation Attorney Fees in Pennsylvania Workers’ Compensation Cases

By: Attorney Peter J. Classetti

One of the first questions prospective workers compensation clients often ask is about attorney fees. In Pennsylvania, no attorney can collect fees from a client in a workers’ compensation cases unless and until the Pennsylvania Workers Compensation Judge (WCJ) approves the fees in writing.

The customary fee in Pennsylvania WC cases is 20%, which is usually paid by deducting it from the injured employee’s wage loss benefits, after the WCJ approves the fees. The attorney fee in these cases continues to be deducted from the employee’s wage loss benefits until the WCJ orders them to be stopped, or until the employee returns to the same or another job at earned wages that equal or exceed those made at the time of the work-related injury.

Sometimes, these cases are settled for lump sums after the attorney fees start. In those situations, the attorney fee is an additional 20%, again deducted from the employee’s wage loss benefits.

On occasion, the employer or its Workers Compensation insurance company can be ordered to pay the attorney fees, in whole or in part, if the WCJ finds the actions of the defendant were not reasonable.

While the ongoing fee may be viewed as unusual, our law firm pays all the costs to support your claim or defend your benefits. That could easily involve the payment of thousands of dollars to medical and/or vocational experts for their sworn testimony on your behalf. If we are successful in your case, the employer pays those costs to us. If we are not, you have no obligation to pay them.

Of course, there is no charge to consult with me on any questions you may have about Pennsylvania workers compensation laws.

Please contact me if you need to discuss any matters, including ongoing claims, status of benefits, settlements, or petitions filed against you by the employer or its insurance company seeking to terminate or reduce your benefits.

Pennsylvania workers compensation law is complex, and you deserve the same access to quality representation that your employer surely will have.

A description of methodology
can be found here
A description of methodology
can be found here
A description of methodology
can be found here
A description of methodology
can be found here

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