Attorney fees charged by attorneys who represent injured workers are regulated by the Idaho Industrial Commission. Claimant’s (an injured worker is called a “Claimant”) attorney is required to disclose to all clients the fees that the attorney will be taking from disputed benefits.
In workers’ compensation matters, attorney’s fees normally do not exceed twenty-five percent (25%) of the benefits your attorney obtains for you in a case in which no hearing on the merits has been completed. Any case in which a hearing on the merits has been completed, attorney fees normally do not exceed thirty percent (30%) of the benefits your attorney obtains for you.
Depending upon the circumstances of your case, you and your attorney may agree to a higher or lower percentage, which would be subject to Industrial Commission’s approval. Further, if you or your attorney have a dispute regarding attorney’s fees, either of you may petition the Industrial Commission to resolve the dispute.
IDAPA 17.02.08.033 is the section of the Idaho Administrative Code that deals with Claimant’s attorney’s fees in Idaho Industrial Commission cases. It is available in full on the web at: adminrules.idaho.gov/rules/current/17/0208.pdf.
Most Claimants who have a disputed workers’ compensation case find the contingent attorney fee approach an efficient way to obtain representation where no up front monies for a retainer are required from the Claimant who, if injured and out of work, may not be able to pay under other legal billing methods.