Many injured workers are concerned about how their attorney will get paid. In the field of workers’ compensation, claimant’s attorneys are generally paid on a contingency basis. The contingency fee structure ensures that injured workers, who do not have money to retain an attorney at the inception of a claim, are able to obtain legal representation. The attorney is paid only when the injured worker wins the case. In the event the injured worker loses the case for compensation, the attorney will generally not collect a fee.
The Georgia Workers’ Compensation Act regulates the contingency fee an attorney can charge an injured worker. O.C.G.A. § 34-9-108(a) limits the percentage an attorney is permitted to charge to no more than 25% of weekly benefits or 25% of the final settlement amount.