[cajunlizz0315]

Does an attorney in the state of Louisiana have the right to take 20% of weekly benefits , if you hire him to represent you with a Workmans Comp. case ? He told me he takes 20% of a total settlement collected , BUT , also takes 20% off my weekly benefits check . He also said , workman's Comp. department would be sending him my benefits check , and he would take his 20% from it , and mail me a check from his office for the balance . Does he has the right to do that ?

Please e-mail me with your responses at cajunlizz0315@aol.com[color=darkblue][/color]

[Anonymous]

In In Re: Jack M. Bailey, Jr., No. 97-B-211497-2114 (La. 12/12/97), the Louisiana Supreme Court allowed an attorney to take a percentage of an employee's weekly benefits as his fee, because the amount of the weekly benefit was a contested issue in the litigation. So it would appear that if your retainer agreement permits such fee, and the weekly benefit was among the issues involved in the litigation, it is permitted.