When an attorney for the injured worker requests that payments be sent to his office, which of the following is the correct practice?

When an attorney for the injured worker requests that payments be sent to his office, which of the following is the correct practice?

• A. Get it in writing.
• B. It is illegal. Tell him it is an unacceptable practice.
• C. Make payments to the employee.
• D. Make payments to the attorney.

Answer: (C)

In California workers’ compensation, benefits are paid to the injured employee, not directly to the attorney. If an attorney wants payments sent to their office, that is only appropriate if there is a formal, WCAB-approved fee lien or order allowing the attorney to be paid from the award. Otherwise, the employer/insurer should continue making payments to the employee, and the attorney’s fee is handled separately through the proper lien/fee process. This protects the employee’s rights to the benefits and ensures any attorney fees are approved and paid in accordance with the board’s rules, typically after the employee receives the benefits.

In California workers’ compensation, benefits are paid to the injured employee, not directly to the attorney. If an attorney wants payments sent to their office, that is only appropriate if there is a formal, WCAB-approved fee lien or order allowing the attorney to be paid from the award. Otherwise, the employer/insurer should continue making payments to the employee, and the attorney’s fee is handled separately through the proper lien/fee process. This protects the employee’s rights to the benefits and ensures any attorney fees are approved and paid in accordance with the board’s rules, typically after the employee receives the benefits.