What is the average fee or percentage a worker's comp lawyer should charge to help with my worker's comp settlement?

There is no particular percentage that a lawyer woukd charge in every case. The fee structure in a Workers Compensation case in NY varies depending on the type of case you have. Although, there are usually customary fees that are different from place to place and may use a percentage as a general guideline for some types of cases. You simply need to discuss the issue with the lawyer or lawyers you consult.

An attorney can not charge you directly for a WC claim in New York State. You can not be asked for an advanced payment or an initial retainer deposit. If the claim comes on for a hearing and payments are continued, the court may award an attorney fee based on the weekly rate of pay that is continued. Generally, this is slightly less than 1/2 the weekly rate. If an attorney is able to recover retroactive benefits not previously paid. The attorney may petition the law judge for a fee on the recovery; customarily this is usually around 15% or under for the new money moving. This 15% attorney fee is generally the industry norm for Section 32 settlements and Schedule Loss of Use Awards. However, it should be noted, all attorney fees above $450 must be requested in writing before the law judge. Generally, the law judge will scrutinize these fees and award a fee commensurate with the legal work performed. Most quality law firms will discuss the legal fees in advance of a hearing if a settlement has been previously negotiated. Additionally, you as the client are always entitled to request an explanation as to legal fees. Best of luck to you ! Matthew Travaglia

An attorney in New York State can never request an attorney fee directly from an injured worker. All attorney fees pass through judicial awards made at the New York State Workers' Compensation Board. Generally, an attorney fee over $450 will require a written OC-400.1 petition to be approved by a law judge. Although the attorney can not charge you directly, the attorney fee comes out of your indemnity proceeds from the insurance carrier. Please discuss your claim with an attorney and discuss the legal fees associated with your claim. The consultation is always free for a WC claim.

In New York City, I have heard that attorneys ask for, and have approved, as much is 20% of settlement proceeds. The 20% figure is not the norm. I concur with my New York brethren that the 15% figure is the industry norm. Again, all fees have to be approved by workers compensation judge. I can tell you that personally, I have had many clients who have come to me at the stage of settlement when they feel that they are not receiving a fair offer to settle the case from the Worker's Compensation insurance carrier. One client I recently had had an offer to settle her case for $5000. After I was retained, I managed to settle her case for over $40,000. My fee in that case was $6000, which was more than she was being offered personally to close her case. Please retain a lawyer so that you know that you are receiving all of the compensation to which you are entitled. Even if you settle the case for a figure that is close to what you are discussing with the adjuster, you can feel assured that you are receiving legal counsel and have a better chance of receiving just payment for your harms and losses. For any readers out there who may be reading this post, I hope that you take this as a lesson to retain a lawyer early in your case because you would have the benefit of the lawyer's advice for the same cost as if you had retained them at settlement and do not know what your case is worth. Please use the find a lawyer tool on .com to find qualified counsel near you in the Bronx. Good luck.

Workers' Compensation attorneys work on a contingency fee basis, meaning they only get paid if they get you money, and they get a percentage of the money they got you. In case of a settlement the fee is typically 15% of the lump sum. The attorney gets paid directly by the insurance company, so when you get your lump sum settlement check the amount you receive is your net amount, which is all yours, and the attorney's fee will have already been deducted from it. Retaining an attorney is always a good option because they can ensure that you get the most that you are entitled. So even with the attorney's fee you may end up getting more money in your pocket, and regardless you will have the peace of mind of knowing that the insurance company did not take advantage of you. Remember, the insurance company always has their attorneys present to preserve their interests. You should too.