Who pays for my lawyer?

Under the New York State Workers’ Compensation Law, (WCL),  the injured worker is not directly responsible  for the payment of attorneys fees.  The law prohibits an attorney from collecting any money from the claimant. All fees for legal services are controlled by the WCL and must be approved by the Workers’ Compensation Board ( WCB ) . When approved,  such fees are paid by the insurance provider aka insurance company and the amount of the fee is deducted from the award issued by the Workers’ Compensation Board.  The workers’ payment for lost wages are known as indemnity payments and are reduced by the amount of the approved fee. Such fees are usually limited. The customary fee has been limited to between 10 and 20% of the new money presented in the award notice. The award notice is the formal written decision of the WCB publishing the decision of the trier of fact who is authorized to render a formal decision on the case before the WCB. Fees are not approved for indemnity payments voluntarily made by the insurance provider. The fees are calculated on new money approved in the board decision. In some situations, an attorneys’ fee can be deducted from reimbursements represented in an award of moneys going back to the employer for advance payments of compensation. ( see formal disclaimer in prior blogs).

Eliot S. Levine & Associates
Attorneys at Law
1455 Veterans Highway
Hauppauge, New York  11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com

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