Myths about California workers compensation Workers who have a permanent injury can get a big-bucks settlement. Payment amounts are set by law and, compared to other states, they are modest. Injured workers don't need an attorney to help them secure their rights because there are state counselors to help injured workers. There are 52 counselors to handle 1 million new claims a year. Attorneys who represent workers are overpaid. Worker attorney fees are set by a judge at 9 to 12 percent of the worker's award. They're paid less than the insurer's lawyer, who is paid by the hour, and they get a smaller percent of the award than worker attorneys in at least 30 other states. They're paid only if they win -- unlike the insurer's attorney, who is paid regardless. Fraud by workers is rampant in California workers compensation. Insurers report they suspect 0.4 percent of claims as being fraudulent, and 0.03 percent of claimants are convicted of fraud. California workers tend to file lots of workers compensation claims. Less than 10 percent of California workers covered by workers compensation insurance filed claims in 1994-1995, according to the U.S. Department of Labor. That compares to 13 percent in Washington and 8 percent in Oregon. Many injured California workers drag out their recovery periods. In a 1994 study, treatment averaged 27.6 weeks for a typical group health claim and 25.3 weeks for workers compensation claims. Medical care for workers compensation injuries is more expensive than non-work-related health care. Medical care in workers compensation costs less per item but more per claim. That's because workers get more intensive care, which gets them back to work sooner and may save money for employers in the long run, according to several insurerance industry studies. Stress claims are a financial drain on the system. Stress claims have never been more than 6 percent of all claims and have declined dramatically this decade. They are often settled quickly and more cheaply than other claims, according to the insurance industry. If employers or workers have a beef with the workers' compensation insurance company, they can sue the insurance company. Employers can. Workers by law are prevented from suing. Workers who have to take time off from work to recover will receive weekly income checks from the workers comp insurance company. These checks don't have to start for 90 days, and they stop when recovery stops, even if the worker isn't completely well. Employers' workers compensation costs have soared in California. Between 1981 and 1992, cost increases in California were almost identical to those throughout the United States, according to an insurance industry study. Since then, costs have plummeted. The number of claims has soared. The number of claims has declined every year for six years. ©1997 The Press Democrat