How Much Does a NY Workers' Comp Lawyer Cost?

In New York workers’ compensation, attorney fees are not paid by the injured worker out of pocket. Under Workers’ Compensation Law §24, every fee must be approved by the Workers’ Compensation Board (WCB) and is deducted from the award itself, not collected from the client up front. There is no retainer, no hourly billing, and no fee unless your case produces a recovery — indemnity benefits, a Schedule Loss of Use award, a Section 32 settlement, or another monetary award. The Board sets the fee at the time of approval, typically as a percentage of the award value within the statutory framework. Out-of-pocket case costs (medical record fees, expert reports, deposition transcripts) are handled separately and rarely meaningful on the claimant side because the carrier bears most medical costs.

No retainer. No hourly bill. No fee unless there’s a recovery — and the Board approves the fee.

TL;DR

• NY workers’ comp attorney fees are set by the WCB under WCL §24, not by retainer.
• The fee is deducted from the award, not paid by you up front.
• No fee unless your case produces a recovery (indemnity benefits, SLU award, Section 32, etc.).
• The fee comes out of the award, so your weekly check while the case is pending is not reduced by attorney fees on prior periods.
• The Board reviews and approves every fee — the lawyer cannot bill you privately for the workers’ comp matter.

How the fee is set

Under WCL §24, the WCB has exclusive authority to approve attorney fees in workers’ compensation matters. Lawyers cannot collect a fee for a WC case unless the Board approves it. The Board typically approves fees as a percentage of the value recovered for the client — the percentage varies by award type and the work performed.

For Section 32 settlements, the Board’s approval is built into the §32 hearing itself: the proposed fee appears on the §32 agreement and is reviewed before the settlement is approved.

For SLU and classification awards, the Board approves the fee at the hearing where the award is made — usually deducted from the lump-sum award, with periodic payment continuing to the claimant.

For ongoing indemnity benefits (TTD/TPD), the Board can direct a percentage of the weekly check to the attorney for a specified period, or approve a one-time fee from a back-payment award.

What you actually pay

In most matters, the practical answer is: nothing up front, and a percentage of the recovery at the end. The percentage depends on the work, the result, and the Board’s review. You will see the fee on the Notice of Decision or Section 32 agreement before it is finalized.

If your case does not produce a recovery — pure controversion sustained, no indemnity awarded — the attorney is not paid. There is no contingent obligation to the firm.

Case costs are different

Costs (medical records, expert reports, deposition transcripts) are typically minimal on the claimant side because the carrier bears medical costs and most documentary evidence is generated through the C-4 reporting system and the carrier’s IME. When meaningful costs do arise — a private vocational expert, an extensive medical narrative — those are discussed with you in advance.

What I see go wrong

• Clients who think they need a retainer — and don’t call a lawyer because they can’t afford one. NY WC doesn’t work that way.
• Verbal “side agreements” about fees — unenforceable. The only fee is the Board-approved fee.
• Confusion with personal injury fees — third-party tort claims arising from the same accident use a different fee structure (typically a 33⅓% contingency on settlement or verdict), separate from the WC fee on the comp side.
• Late attorney involvement — if the case has been mishandled for months before counsel is retained, recovery is often diminished. Fee structure means there’s no reason to wait.

Why this matters

The statutory fee structure exists so that injured workers have access to representation regardless of financial circumstances. If you’ve been told you “can’t afford a workers’ comp lawyer,” that’s incorrect — the fee comes from the recovery, not from you.

What to do next

If you have a NY workers’ comp claim — open, denied, or settling — there is no out-of-pocket cost to discuss it. Contact me directly.

Related pages

• Where Am I? — start at the Process Navigator
• How long does a NY workers’ comp case take?
• Section 32 settlements
• Schedule Loss of Use awards
• What happens at a NY workers’ comp hearing?