In the vast majority of cases, an injured worker in Pennsylvania does not pay any up front legal fees. Instead, if his attorney recovers wage loss benefits, then the attorney is awarded a 20% fee by the presiding Pennsylvania WCJ (workers’ compensation judge). This levels the playing field for injured workers in Pennsylvania by allowing them to obtain legal representation without regard to their financial status.
In contrast, we often hear about defendants in criminal cases who obtain superior legal counsel b/c they can afford the high hourly rates or the retainer fee, and those who cannot afford same and who therefore have to rely upon a court appointed public defender. I wonder whether a similar contingency type of fee arrangement could evolve in criminal law as well as other areas of the law which have been billable hours-based in the past. Just a thought.
