N.Y.
Workers' Compensation Law Section 24
Costs and fees
1.
If the court before which any proceedings for compensation or concerning an award of compensation have been brought, under this chapter, determine that such proceedings have not been so brought upon reasonable ground, it shall assess the cost of the proceedings upon the party who has so brought them.2.
Claims of attorneys and counselors-at-law for legal services in connection with any claim arising under this chapter, and claims for services or treatment rendered or supplies furnished pursuant to subdivision (b) of § 13 (Treatment and care of injured employees)section thirteen of this article, shall not be enforceable unless approved by the board. A written fee application on a form prescribed by the board shall be filed for all legal fees in excess of one thousand dollars ($1,000.00.) In the fee application the attorney shall set forth the calculation used to determine the fee and certify that the amount is in accordance with the following provisions. The form prescribed by the board shall not require a description of the services rendered or time records in conjunction with such written application. The attorney shall set forth on the record the same calculation and certification in all oral fee applications of one thousand dollars ($1,000.00) or less. The board shall approve such written and submitted fee application in an amount commensurate with the services rendered and the amount of compensation awarded, having due regard for the financial state of the claimant in accordance with each applicable provision of the following schedule:(a)
When an award is made directing the continuation of weekly compensation benefits for temporary total or partial disability, the attorney’s fee shall be one-third of one week’s compensation.(b)
When an award is made that increases the amount of compensation awarded or paid for a previous period or periods of temporary total or temporary partial disability, the attorney’s fee shall be fifteen percent of the increased compensation.(c)
When an award is made for schedule loss of use or permanent facial disfigurement pursuant to paragraphs a through t of subdivision three of § 15 (Schedule in case of disability)section fifteen of this article, the attorney’s fee shall be fifteen percent of the compensation due in excess of the employer or carrier’s previous payments.(d)
When an award is made for permanent total disability pursuant to subdivision one of § 15 (Schedule in case of disability)section fifteen of this article or permanent partial disability pursuant to paragraph w of subdivision three of § 15 (Schedule in case of disability)section fifteen of this article, the attorney’s fee shall be equivalent to fifteen percent of the compensation due in excess of the employer or carrier’s previous payments, plus a sum equivalent to fifteen weeks of compensation at the rate fixed by the board.(e)
When an award is made for death benefits pursuant to § 16 (Death benefits)section sixteen of this article, the attorney’s fee shall be equivalent to fifteen percent of the compensation due in excess of the employer or carrier’s previous payments, plus a sum equivalent to fifteen weeks of compensation at the rate fixed by the board.(f)
When an award is made pursuant to § 32 (Waiver agreements)section thirty-two of this article, the attorney’s fee shall be fifteen percent of benefits to be paid by the employer or carrier under the approved agreement, except that benefits allocated for future medical expenses shall not be included in the calculation of the fee. However, if the attorney has previously been awarded a fee pursuant to this subdivision, any un-accrued balance of any attorney fees under the foregoing paragraphs shall be waived.3.
If a prior attorney has been substituted in a manner prescribed by the board, and has submitted a fee request, the board shall determine the amount of fees allocated to any prior attorney out of the total fees awarded.4.
When so approved, such claim or claims shall become a lien upon the compensation awarded, and upon any moneys ordered paid under an award by the board into the special funds provided for in subdivision nine of section fifteen and section twenty-five-a of this article, and any other section of this chapter, but shall be paid therefrom only in the manner fixed by the board. Any other person, firm or corporation who shall exact or receive fee or gratuity for any services rendered on behalf of a claimant except in an amount determined by the board, shall be guilty of a misdemeanor. Any person, firm or corporation who shall solicit the business of appearing before the board on behalf of a claimant, or who shall make it a business to solicit employment for a lawyer in connection with any claim for compensation under this chapter shall be guilty of a misdemeanor. In case an award is affirmed upon an appeal to the appellate division, the same shall be payable with interest thereon from the date when said award was made by the board except as provided in § 27 (Depositing future payments in the aggregate trust fund)section twenty-seven of this article.
Source:
Section 24 — Costs and fees, https://www.nysenate.gov/legislation/laws/WKC/24 (updated Jan. 6, 2023; accessed Oct. 26, 2024).
