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Understanding Applicant Attorney’s Fees in Workers' Comp

Under California law, there are circumstances under which the employer must pay the workers' compensation applicants attorneys fees in addition to, rather than out of, the benefits.

By Gregory Grinberg | Updated on September 23, 2011

The work of an applicant’s attorney in California’s workers’ compensation system is rarely a venture in charity—applicant’s attorneys are paid a fee out of the applicant’s recovery. But there are factual circumstances under which the employer must pay the applicant’s attorney’s fees in addition to, rather than out of, applicant’s benefits.

This can happen when the self-insured employer or the insurer over-advances without reserving funds for attorney fees, which is the subject of an article by Lisa Kasselik of Harbinson Tune Kasselik. The defendant can also be required to pay an applicant’s attorney’s fee if the defendant files the application for the applicant.

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