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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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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.
thanks for clarifying, i apologize for my misunderstanding.
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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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?
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!
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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