around 12-18 monthsHow Long Does It Take to Reach a Settlement for Workers' Comp? The entire settlement process—from filing your claim to having the money in your hands—can take around 12-18 months depending on the details of your case and whether or not you have legal representation.
In California, the workers' compensation judge will authorize a fee of 10%, 12%, or 15%, according to the complexity of your case. In a case where you settle for $40,000, your attorney's fee could be anywhere from $4,000 to $6,000.
In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.
If the judge approves the settlement, you will receive your lump-sum payment within 30 days.
Workers' Comp Fees in California If you get a settlement or award of benefits, my office gets 15%. The 15% attorney fee is paid from the employee's workers' compensation benefits. In a few cases, the employer might have to pay the attorney fee. In most cases, the 15% is based on the permanent disability award.
However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.
An advocate is a specialist attorney who represents clients in a court of law. Unlike an attorney an advocate does not deal directly with the client – the attorney will refer the client to an advocate when the situation requires it. Advocates can also appear in the higher courts on behalf of a client.
If you're mailing your letter, write the attorney's full name on the envelope, followed by a comma and the abbreviation "Esq." If you use the title "Esquire" after the attorney's name, do not use "Mr." or "Ms." before their name. Just use their first and last name.