Steven Richardson v. Continental Grain Company Director, Office of Workers Compensation Programs

Richardson v. Continental Grain Company: Worker Loses Attorney Fee Request

Steven Richardson, a worker at Continental Grain Company, suffered back and knee injuries on the job and filed a workers' compensation claim under the Longshore and Harbor Workers' Compensation Act. After his case concluded, Richardson asked the court to require his employer to pay his attorney fees.

The court denied Richardson's request for attorney fees. The Ninth Circuit Court of Appeals upheld this decision, finding that Richardson had not been successful enough in his workers' compensation case to justify making the employer pay his legal costs. Specifically, the court noted that Richardson failed to win his back injury claim entirely, and for his knee injury, he recovered less money than what Continental Grain Company had originally offered to settle the case.

This ruling matters for injured workers because it shows that winning attorney fees in workers' compensation cases isn't automatic. To get the employer to pay your lawyer, you generally need to achieve meaningful success in your case - either by winning claims outright or by recovering more than what the employer initially offered. Workers should discuss fee arrangements with their attorneys upfront and understand that they might be responsible for legal costs if their case doesn't result in significant success.