Over a six-year period, from 1991 to 1996, the top 10 law firms handled more than 13,000 cases. Many workers' attorneys are dedicated to their work, but the system can strain the relationship between them and their clients. First, a worker may not even be able to get a lawyer, because attorneys usually get paid only if the worker has a permanent injury. Attorneys get a percentage of the worker's permanent disability benefits. Asking to have an appointment with your attorney should be a last resort,'' wrote worker attorney Christopher A. Ball in a widely used book giving advice to workers on how to handle claims.
Ball recommends staying in touch by mail.
This can make it hard for workers to get information, because once they get an attorney, the employer, claims adjustor and state counselor will stop most communication, in part to avoid breaching the attorney-client privilege and in part to turn their attention to others. Fees for workers' attorneys are set by workers compensation judges at 9 percent to 12 percent of the workers' award. California workers' attorneys get a smaller percent of the award than in at least 30 other states, and they're paid only if they win. Insurance companies use both in-house and outside legal counsel, paying them no matter how the case is decided. When the day comes to go to court, the worker and his attorney probably will not meet in advance to plan strategy.