If you’ve suffered a workplace injury in New York, hiring a workers’ compensation lawyer can help ensure you receive the maximum benefits allowed under the law. However, you may be wondering about legal fees and how much a workers’ comp attorney will cost.
In New York, most workers’ comp lawyers work on a contingency fee basis. This means you only pay if they are successful in getting you compensation. Fees are usually a percentage of your final settlement or award amount.
Below we’ll break down the typical costs and fee structures when hiring a New York workers’ compensation attorney. We’ll also look at why legal representation can be worth the investment for many injured workers.
Contingency Fees: How Much Do Workers’ Comp Lawyers Charge in NY?
The standard contingency fee for a workers’ comp attorney in New York is 15% of any settlement or award. Some law firms may charge slightly less, around 12%, while others top out at 20%.
It’s important to understand that contingency fees are only collected if your lawyer wins your case. There’s no upfront retainer or hourly fees for their time. You also won’t pay anything if your claim gets denied.
Some key things to know about contingency fee agreements in New York workers’ comp cases:
● The fee is based on the total amount of compensation you receive, including any back pay awards and future benefits. For ongoing weekly benefits, your attorney’s fee may be deducted from the first 10 weeks of payments.
● In a lump sum settlement, the lawyer’s 15% contingency is deducted from the total before you receive your check.
● All legal fees must be approved by a workers’ compensation law judge to ensure they comply with New York law. Judges rarely award more than 15%.
● Be sure to get the contingency fee agreement in writing upfront so you know exactly what to expect. Reputable attorneys will explain all costs.
While a 15% contingency fee may sound high compared to other types of personal injury cases, keep in mind that workers’ comp cases require specialized expertise. The system has complex rules and procedures, so having a knowledgeable lawyer in your corner is crucial.
Why Hiring a Workers’ Comp Attorney May Be Worth the Costs
A New York workers comp attorney gets their clients significantly higher awards, on average, compared to unrepresented workers. One study found those with lawyers received payouts nearly 600% higher!
Even with legal fees deducted, workers with attorneys took home roughly 300% more compensation. Their lawyers’ expertise helped maximize both immediate and long-term benefits.
Beyond larger payouts, some key benefits a good workers’ comp lawyer provides include:
● Guiding you through the claims process and paperwork requirements
● Gathering medical evidence and documentation to prove your injuries and disabilities
● Determining your average weekly wage and full entitlement to lost earnings
● Negotiating with insurance companies on your behalf
● Appealing a denied workers comp claim
● Representing you at hearings before the Workers’ Compensation Board
● Ensuring you receive all medical treatments covered under New York law
● Helping you access Social Security disability if your condition is permanent
Recovering from a workplace injury or illness while unable to work can be tremendously stressful. Having an advocate fight for the maximum benefits allowed can provide invaluable peace of mind.
While every situation is different, choosing the right lawyer often pays for itself several times over through higher compensation.
Are Any Additional Costs or Expenses Involved When Hiring a Lawyer?
Beyond the contingency fee percentage, there are a few other potential expenses to keep in mind when retaining a workers’ compensation attorney:
● Filing fees: Your lawyer may incur small court costs for paperwork filings and other legal procedures. These get deducted from any final settlement or award.
● Medical records fees: Your attorney may need to retrieve copies of your medical records, diagnostic test results, and physician reports to prove your claim. Expect to pay search, retrieval, and copy fees although these are usually minimal.
● Expert consultations: In some cases, your lawyer may need to hire independent medical examiners or other expert witnesses to evaluate your condition and its work-relatedness. These costs also get deducted at the end of the case.
● Travel expenses: If your attorney needs to travel significant distances for hearings or other appointments, they may bill reasonable mileage costs.
Be sure to discuss any expected expenses with your lawyer upfront. Many attorneys will waive smaller incidental costs rather than nickel and dime injured clients. It’s reasonable to ask for clarification on exactly what you’ll be responsible for paying.
Reputable attorneys will not incur major expenses without your consent and will provide receipts for every dollar spent on your behalf.
