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Dawn Atkin

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Attorneys fees in Utah Workers Compensation claims are on a contingency basis, which means the attorney is paid from the benefits recovered at the end of the case.  Generally, they are 25% of the benefits the attorney recovers for the injured worker. Because medical expenses are paid to the doctor, not the injured worker, normally, there are no attorney's fees for recovering medical expenses.

However, this created a problem in the system.  Injured workers who only needed medical coverage, could not pay an attorney, and few attorneys were willing to take these cases pro bono (for free).  A new bill just passed the legislature that will allow injured workers with no time off work, or a small period of time off work, to be able to hire an attorney.

When the claims filed with the court involves only medical expenses, or involves medical expenses and less than $5,000 in benefits to the injured worker, attorney's fees can be awarded on the medical expenses and those fees are paid by the insurance company.  A 25% attorney fee is awarded in addition to the medical bills as an "add-on" fee. Expected to go into effect in MAY 2019.

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