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  1. #1
    Join Date
    Oct 2007
    Posts
    91

    Default How Do W/C Lawyers Make Their Money

    my question is how does a w/c lawyer make any money? the advise over and over don't settle because you need open medical(which i understand fully). there always saying get a board ceritfied lawyer, how would you pay them as they get a certian % of your settlement.?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: How Does W/c Lawyers?

    yes they would get % of your disability benefits.

  3. #3
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: How Do W/C Lawyers Make Their Money

    First, attorneys representing injured workers in workers' compensation cases in Tennessee traditionally collect a fee of 20% of any recovery of cash benefits earned for a client. Sometimes, it's many years of work with no pay, and no absolute guarantee that we're getting paid.

    Second, as I've noted before, Tennessee does not offer certification in the practice area of workers' compensation law. You can go to http://www.cletn.com/Specialists.aspx to see the areas of law that lawyers can be certified in as "specialists."

  4. #4
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: How Do W/C Lawyers Make Their Money

    Elmer, you obviously have never dealt with workers' comp in Tennessee, as nothing you said is correct, or relevant to Tennessee's particular workers' compensation laws.

    Workers' comp benefits are most certainly NOT indefinite. The maximum number of weeks of benefits you can get for a permanent partial disability (including any temporary disability benefits) is 400 weeks. Unless you are found to be permanently and totally disabled (which is rare in TN), you will absolutely get no more than this amount under any case.

    Settlements are reached in Tennessee because the alternative is a very long, convoluted process than can take a number of years to complete.

    I don't mean to be rude, but I emphasize with everyone who misstates the status of the law in Tennessee, I don't go to the other state forums because I don't know the law there. Workers' comp, while it can be similar in a lot of states, is ultimately completely different in the way it works in each state. Please don't offer "legal" opinions in a state where you don't know the law.

    This, in effect, is what Tennessee workers' comp lawyers get paid for. We actually know the law and how to handle cases.

  5. #5
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: How Do W/C Lawyers Make Their Money

    Quote Quoting JLJ View Post
    Elmer, you obviously have never dealt with workers' comp in Tennessee, as nothing you said is correct, or relevant to Tennessee's particular workers' compensation laws.

    Workers' comp benefits are most certainly NOT indefinite. The maximum number of weeks of benefits you can get for a permanent partial disability (including any temporary disability benefits) is 400 weeks. Unless you are found to be permanently and totally disabled (which is rare in TN), you will absolutely get no more than this amount under any case.

    Settlements are reached in Tennessee because the alternative is a very long, convoluted process than can take a number of years to complete.

    I don't mean to be rude, but I emphasize with everyone who misstates the status of the law in Tennessee, I don't go to the other state forums because I don't know the law there. Workers' comp, while it can be similar in a lot of states, is ultimately completely different in the way it works in each state. Please don't offer "legal" opinions in a state where you don't know the law.

    This, in effect, is what Tennessee workers' comp lawyers get paid for. We actually know the law and how to handle cases.
    Amen JLJ, AMEN! That desperately needed said and needs to be adhered to by all posters and for all states. Far too often on here I read someone misstating statues for WC and it really irks me. Folks come here for help and get fed a pile of BS that has nothing to do with any WC statue for any state.

    Please posters, be more careful with your answers before responding to a question. The last thing an IW needs is more miss information, they get enough of that from their ER's, WC doctors and IC's they don't need it here.

    If you are NOT sure of the statues then either look them up or provide a link for the OP to go to and do their own research. Just picking something out of the air and posting it for the facts helps NO ONE!

    Elmer, just so you know in the absence of a viable employment contract or being a member of a union & having a CBA, Collective Bargaining Agreement, in force that states otherwise in 49 of the 50 United States it "IS" legal to terminate for almost any reason or no reason at all. That is known as the "At Will" doctrine. (Montana is the only state that is not specifically "at will" and even they, for the most part, operate under the "at will" doctrine)

    The exceptions are limited and for the most part are covered under "illegal discrimination" laws. Illegal discrimination is discrimination against someone due to their race, age, gender, religious preference, etc... Please see the following for a full description of "at will" and the exceptions;

    http://employeeissues.com/at_will_employment.htm

    http://en.wikipedia.org/wiki/At-will

    http://www.bls.gov/opub/mlr/2001/01/art1full.pdf

    http://www.ewin.com/articles/atwillem.htm

    It is also illegal in all 50 states to terminate someone "because" they filed a work comp claim. However, one can certainly be termed in spite of having filed a WC claim. Please understand the difference.

    Elmer, many of your posts are very misleading and only serve to confuse the posters as to their employment rights and how WC does or does not work. I do not mean to be ugly here but please, PLEASE, refrain from offering miss information to these folks. State you opinion, YES, of course just please do not state it in such as way as to confuse others as to what the laws are and what you think about the situation. HUGE difference there my friend.

    I understand your frustration with the system and I believe that many of your comments represent your personal opinion not necessarily the law where these issues are concerned. For everyones sake please be more careful in the future to make sure and let others know that you are expressing your personal opinion and not necessarily quoting laws. I am certain you can understand why I would ask this.

    Have a good day. Take care and be well.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

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