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This involves a New York State Workers Compensation Case. My…

This involves a New York...
This involves a New York State Workers Compensation Case. My question is we have reached a point where my lawyer may have to go to appeal an adverse Board decision to the Appellate Division 3rd Dep't. He is asking that I pay fees of $5,500. The court fees are only $500, is he asking for attorney's fees to take this case into court, and can he do that in a Worker's Compensation case?
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10/6/2016
Taylor
Taylor, Attorney
Category: Employment Law
Satisfied Customers: 260
Experience: Attorney
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hi my name is ***** ***** I would be happy to help!

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In New york, Attorney fees are always determined by a Workers Compensation Law Judge based upon what the judge thinks is fair and reasonable given the amount of work and time a lawyer spent on your case. There are no set percentage fees like the standard one-third in regular personal injury cases.

Workers' compensation attorneys get paid significantly less per case than regular personal injury attorneys. As a general rule, judges often approve lawyer fees in the 10 to 20 percent range of any extra benefits the lawyer obtains for you. These fees are deducted directly from your benefits and sent to your lawyer. You never have to pay an attorney directly.

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does that adequately answer your question? if you have any further questions or concerns please let me know! once you are satisfied, i would greatly appreciate a positive rating!

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Customer reply replied 1 year ago
You've not answered my question.

i believe i have. His fee's must be determined and approved by the work comp judge. further, what he is doing is incorrect because his fee's should be deducted from your benefits and not paid directly by you to the attorney. Thus, i believe what he is doing is wrong and not appropriate under the work comp law's regarding attorney fee's.

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Customer reply replied 1 year ago
I'm completely aware of the fee structure. What I'm asking is can my lawyer step out of that structure when he feels it's necessary to appeal the case into the NYS court system and then charge me regular attorney's fees to do so?

thanks for clarifying, i apologize for my misunderstanding.

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if he is appealing the case to the NYS court system then he could charge regular attorney's fee's since this is outside work comp court. does that adequately answer your question? i apologize for my earlier confusion.

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Customer reply replied 1 year ago
I'm extremely hard of hearing and even using my caption call telephone, I can't hear very well. That's why I must stay with
typing. Sorry.

no problem, i believe we can handle your questions adequately through this chat.

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Customer reply replied 1 year ago
Great. Thank you.

do you have any further questions or concerns? when you are satisfied i would greatly appreciate a positive rating! it does not cost you anything further and is the only way i am compensated by jA!

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Customer reply replied 1 year ago
That is my only questio n, regarding whether or not my attorney can just charge my his normal fee for appealing a decision he got which we disagreed with to the State Court System. I can proceed as a poor person, which would waive any court fees, so I
must assume that the amount he mentioned would be his fee for representing me. I simply can't believe the Worker's Comp system would allow him to attempt to charge me that much in order to do an appeal which is crucial to my case.
No problem with a great review as long as I get the information I need.

i understand and i'm sorry its not the answer you were looking for. But, once the case is out of the work comp system (being appealed in district court), the work comp laws no longer govern attorney's fee's and thus he can charge a higher rate. it may be worth pursuing other attorney's. have i adequately answered your question?

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Customer reply replied 1 year ago
Are you certain he doesn't have to obtain approval from the Worker's Compensation Board to proceed in that manner?
Finally, are you certain that your answer is correct, and not just an assumption? This is important to me, and for me, at least expensive, so I'm counting on you to not give me your best guess.

i understand. give me a few more moments to triple check my answer and i'll be back with my final resolution. thank you for your patience!

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Customer reply replied 1 year ago
I thank you and appreciate that.

after further review i believe that ANY attorney's fees regarding a work comp case must be approved by the work comp board. What your lawyer is doing may be un-ethical. If i were you i would contact the work comp board tomorrow and ask them the same question to ensure my answer is correct. I tried to contact them, but they are already closed for the day. You could also contact another local attorney and ask them the same question to triple check my answer. But as far as i can tell, any attorney's fees that are associated with a work comp case must be approved! thus, what he is doing would not be permitted. does that adequately answer your question?

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Customer reply replied 1 year ago
it does. Thank you. That rates 5 stars.

thank you. if possible please use the star ratings in the top of this chat to actually accept my answer and give me 5 stars :) thanks for your patience and help!

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Customer reply replied 1 year ago
Thanks for your help.

absolutely and best of luck! thanks for using JA!

Taylor
Taylor, Attorney
Category: Employment Law
Satisfied Customers: 260
Experience: Attorney
Verified
Taylor and 87 other Employment Law Specialists are ready to help you
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Taylor
Taylor
Taylor, Attorney
Category: Employment Law
Satisfied Customers: 260
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