Thanks for reading our Workers Comp 101 series! Here we discuss the basics of Workers Compensation Law (for New York State) and help everyone understand their rights when injured on the job. Contact our firm if you have specific questions about your situation. We'd be glad to help!If you'd like to learn more about Workers comp: Check out our other Workers Comp 101 articles on topics like Schedule Loss of Use, Section 32 settlements, and a timeline for your case. Or... Download our Workers Comp 101 eBooks!
Pursuant to Section 300.17(£) of the New York Codes, Rules and Regulations, whenever an award is made to a claimant who is represented by an attorney or licensed representative and an attorney's fee is requested, the Workers' Compensation Board has the authority to approve a fee that is based upon and equivalent to the services rendered that is deducted from the claimant's compensation award. It is common for Workers' Compensation Law Judges to allow 15% of this amount as a fee. The Board considers various factors in determining the proper attorney's fee to grant. Some of those factors include the claimant's financial status, the total dollar amount of prior fees granted, as well as the number of hours spent on the case by the attorney or licensed representative since the last fee was granted, as documented in a written fee application. The fee is not solely based on the monies moving.
Whenever a fee is requested in excess of $450 for services rendered in conciliation, administrative determination, agreement pursuant to section 32 of the Workers' Compensation Law or conference calendar processing, the request is to be made upon form OC-400.1 in each instance where a fee is requested. The claimant must be advised of the amount requested, the service rendered, and the time spent for the performance of the services by the attorney or licensed representative 10 days prior to the awarding of a fee. Proof of service by mail or otherwise on the copy of form OC-400.1 filed with the board, may be acceptable as evidence that the claimant has been so advised. Fees awarded in conciliation, administrative determination, agreement pursuant to section 32 of the Workers' Compensation Law or conference calendar processing, may be approved by a conciliator or designee of the Chair.
**This information is based on New York State. Each state may be different. This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**