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Dawn Atkin

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Attorneys Fees are set by statute and rule in Utah.  You can find the full language of the rule here: http://www.rules.utah.gov/publicat/code/r602/r602-002.htm#T4.  

Attorney's fees fall into one of three main categories.

1.  Review of Documents Only:  Attorneys can charge the injured work $125 per hour to review and advise on settlement agreements and permanent partial disability agreements.  The attorneys at Atkin & Associates do not charge for such reviews.  Call us at 801 521-2552 for a free consultation.

2.  Representation at the Labor Commission:  For the large majority of cases, attorney's fees are 25% of the benefits we recover for you, not including medical expenses.  This is a contingency fee, which means you pay nothing unless we recover benefits for you.  Unfortunately, the rule is not actually simple.  There is a decrease in fees as we recover more money.  the entire rule provides for 25% of the first $25,000.00 recovered, 20% of the next $25,000.00 recovered, plus 10% anything above that to a maximum of $17,468.00.  (This maximum is adjusted for cost of living from time to time, but is the maximum for Orders in 2013.)

Appeals to the Court of Appeals and the Utah Supreme Court are very rare, but require significant additional attorney time, so increased fees and maximums apply.  In 2013 those maximums are:

For legal services rendered in prosecuting or defending an appeal before the Utah Court of Appeals, an attorney's fee shall be awarded amounting to 30% and this subsection C.3.b. shall not exceed $25,200;

For legal services rendered in prosecuting or defending an appeal before the Utah Supreme Court, an attorney's fee shall be awarded amounting to 35% and this subsection C.3.c shall not exceed $30,927.


3.  Representation on small or medicals-only cases:  When the disputed benefits involve only medical expenses or medical expenses plus $4,000.00 or less in benefits, the insurance company can be ordered to pay the injured worker's attorney's fees based on the medical expenses involved.  The injured worker still pays 25% of the benefits recovered for him (up to $1,000.00)  You can find more detail about this attorney's fee in this post:  http://atkinlaw.supporttopics.com/post/Attorneys-Fees-on-Medical-Bill-Claims-6394314.


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K. Dawn Atkin
Attorney with Atkin & Associates
(801) 521-2552
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