Workers’ Compensation Attorney Fees
Fees in New York State Workers’ Compensation are “contingent.” That means there is no fee payable by you unless there is money going to you as a result of an award made by the New York State Workers’ Compensation Board at a hearing. In addition, the New York State Workers’ Compensation Law Judge sets the amount of the fee, customarily between 10%-15%. Money that may have been voluntarily paid to you prior to the hearing at which an award is made is not considered in fixing the fee.
It’s a fact that in many cases NO FEE is payable even though the client has received representation over an extended period of time. This is because fees are payable only out of money “moving” at the hearing. No matter how much money may have been voluntarily paid to the client prior to the hearing, it is not subject to a fee.
No fee is payable unless approved by a Workers’ Compensation Law Judge.
“Out of pocket disbursements” are not common in Workers’ Compensation claims. When they do occur, the amounts are usually modest. The client is responsible for disbursements for such items as copies of hospital records.