In workers' compensation cases, attorneys who represent the injured employee are limited by state law to the amount of fees that they can receive. Generally, state workers' compensation laws provide that the attorney be paid a certain percentage of the claimant's recovery of benefits. The percentage is generally based on a sliding scale so that the attorney receives a certain percentage depending on the amount of recovery. Attorney fees usually are not deducted from the payment of medical expenses. If your employer or its insurance company denies your workers' compensation claim in bad faith, the law of your state may allow your attorney to be paid by the employer rather than out of your recovery. This, of course, could make a big difference in the amount of money you actually receive. Be sure to consult with an attorney familiar with the workers' compensation law in the state where you are employed.
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