WC Laws 2nd Edition, Sample Table 15

Workers' Compensation Laws, 2nd Edition

Table 15 Advocate and Attorney Fee Provisions Under Workers' Compensation Statutes as of July 1, 2008

Below are the column headings that are on this table and a description of what information this table contains. State 1 and State 2 are samples to show how the table lays out. Purchase this table to view the entire table.

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Information on whether the agency provides ombudsdpeople or other worker and/or employer advocates; the basis of attorney fee calculations; who determines attorney fees; if there are additional fees allowed and under what circumstances; if it is unlawful to accept unapproved fees; if laypersons can represent claimants; if approved attorney fees become liens against awards; and if defense attorney fees are regulated.
Jurisdiction	Laypersons Can Represent Workers	Public Advocates Or Ombudspeople Available		Fees For Worker's Attorney Established By	Worker's Attorney Fee Formula	Formula For Medical Only Disputes	Source Of Payments To Worker's Attorney	Worker's Attorney Fee Must Be Approved	Approved Fees Become Liens Against Award To Injured Worker	Defense Attorney Fees Regulated
		For Employee	For Employer
Sample State 1	Only in mediation, not in formal hearings	No	No	Statute allows for reasonable attorneys' fees on a contingency basis. Fee schedule is established by administrative rule	25% of the first $25,000; 20% of benefits over the next $25,000; and 10% of the amount in excess of $50,000 up to a maximum attorney fee of $15,250	Same as for indemnity benefits	Paid out of the worker's benefits	Yes	Yes	No
Sample State 2	No	No	No	Administrative rule and determined in each case by the judge, commissioner, etc.	Award of reasonable fees to the prevailing claimant is discretionary; maximum of $90 per hour or 20% of benefits	No	May be paid out of the worker's benefits or in addition to them	No	No	No