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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I have a workers comp case open with hearing date on 12/24 Without

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I have a workers comp case open with hearing date on 12/24

Without many details, I am cautious that either the case has rather big holes or that our counsel may not be 100% ready.

I am aware that in a Civil suit, the losing party is responsible for legal cost of prevailing party as well as court fees.

I was wondering if in a workers comp case, the same financial responsability applies. Meaning, if I lose - will I be responsible for opposing party legal fees?
Hello and welcome to JustAnswer.

Actually, you've been misinformed, it is only in civil suits where the opposing party is 'awarded' legal costs that the other party is responsible for paying those costs.

In a workers' compensation case, the losing party is not responsible for oposing party's legal fees, unless some egregious conduct is found--for instance, if there is a belief that the person who brought the workers' compensation case is fradulently bringing the case.

If it is only unsubstantitated and your attorney is not ready for court, you would not be responsible for the opposing party's legal fees.

Additionally, you would have a cause of action against your attorney for malpractice if you lose the case due to his failure to represent you in accord with what's expected of an attorney in the community.
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