{"data":{"id":"us-ky/krs-342.320","jurisdiction":"us-ky","citation":"KRS 342.320","heading":"Approval of attorney's and physician's fees and hospital charges -- Limits","body":"on attorney's fees -- Payment of attorney fees -- Form indicating payment\nmethod selected -- Award by administrative law judge -- Fees for representing\nemployers.\n(1) All fees of attorneys and physicians, and all charges of hospitals under this chapter,\nshall be subject to the approval of an administrative law judge pursuant to the\nstatutes and administrative regulations.\n(2) In an original claim, attorney's fees for serv ices under this chapter on behalf of an\nemployee shall be subject to the following maximum limits:\n(a) For attorney -client employment contracts entered into and signed after July\n14, 2000, but before July 14, 2018, twenty percent (20%) of the first twenty -\nfive thousand dollars ($25,000) of the award, fifteen percent (15%) of the next\nten thousand dollars ($10,000), and five percent (5%) of the remainder of the\naward, not to exceed a maximum fee of twelve thousand dollars ($12,000).\nThis fee shall be paid by  the employee from the proceeds of the award or\nsettlement; and\n(b) For attorney-client employment contracts entered into and signed on or after\nJuly 14, 2018, twenty percent (20%) of the first twenty -five thousand dollars\n($25,000) of the award, fifteen percent (15%) of the next twenty-five thousand\ndollars ($25,000), and ten percent (10%) of the remainder of the award, not to\nexceed a maximum fee of eighteen thousand dollars ($18,000). This fee shall\nbe paid by the employee from the proceeds of the award or settlement.\n(3) In approving an allowance of attorney's fees, the administrative law judge shall\nconsider the extent, complexity, and quality of services rendered, and in the case of\ndeath, the Remarriage Tables of the Dutch Royal Insurance Institute. A n attorney's\nfee may be denied or reduced upon proof of solicitation by the attorney. However,\nthis provision shall not be construed to preclude advertising in conformity with\nstandards prescribed by the Kentucky Supreme Court.\n(4) No attorney's fee in any case involving benefits under this chapter shall be paid until\nthe fee is approved by the administrative law judge, and any contract for the\npayment of attorney's fees otherwise than as provided in this section shall be void.\nThe motion for approval of an  attorney's fee shall be submitted within thirty (30)\ndays following finality of the claim. Except when the attorney's fee is to be paid by\nthe employer or carrier, the attorney's fee shall be paid in one (1) of the following\nways:\n(a) The employee may pay  the attorney's fee out of his or her personal funds or\nfrom the proceeds of a lump-sum settlement; or\n(b) The administrative law judge, upon request of the employee, may order the\npayment of the attorney's fee in a lump sum directly to the attorney of rec ord\nand deduct the attorney's fee from the weekly benefits payable to the employee\nin equal installments over the duration of the award or until the attorney's fee\nhas been paid, commuting sufficient sums to pay the fee.\n(5) At the commencement of the atto rney-client relationship, the attorney shall explain\nto the employee the methods by which this section provides for the payment of the\nattorney's fee, and the employee shall select the method in which the attorney's fee\nis to be paid. His or her selection and statement that he or she fully understands the\nmethod to be used shall be submitted by his or her attorney, on a notarized form\nsigned by the employee, at the time the motion for approval of the attorney's fee is\nsubmitted. The commissioner shall develop the format and content of the form to be\nused pursuant to this section. The form to be used shall list on its face all options\npermitted in this section for the payment of an attorney's fees and contain an\nexplanation in nontechnical language of each method.\n(6) In a claim that has been reopened pursuant to the provisions of this chapter, an\nattorney's fee may be awarded by the administrative law judge subject to the limits\nset forth in subsection (2) of this section. In awarding the attorney's fee, the\nadministrative law judge shall consider the factors set forth in subsection (3) of this\nsection. If no additional amount is recovered upon reopening, no attorney's fee shall\nbe awarded. No attorney's fee shall be allowed or approved exceeding the amounts\nprovided in subsection (2)(a) of this section applicable to any additional amount\nrecovered.\n(7) Attorney's fees for representing employers in proceedings under this chapter\npursuant to contract with the employer shall be subject to approval of the\nadministrative law judge in the same manner as prescribed for attorney\nrepresentation of employees. Employer attorney's fees are subject to the limitation\nof eighteen thousand dollars ($18,000) maximum fees except that fees for\nrepresenting employers shall not be dependent upon the result achieved. Employer\nattorney's fees may be paid on a periodic basis while a claim is adjudicated and the\npayments need not be approved until the claims resolution process is completed. All\nsuch approved fees shall be paid by the em ployer and in no event shall exceed the\namount the employer agreed by contract to pay.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47622","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:31Z","sha256":"50d7ae14f38d5d656c3f5b6fa4595f06d33e749b15f2cf5685f6ca0ecaf2e4dc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.318","next":"us-ky/krs-342.325"},"notice":"GroundRules: Original legal text. Not legal advice."}