N.Y. Workers' Compensation Law § 24: Costs and fees

§ 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 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

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 section fifteen of this article or permanent partial

disability pursuant to paragraph w of subdivision three of 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 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 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 section twenty-seven of this article.