Workers' comp attorney fees in New York

Here's the part that surprises people: hiring a workers' comp lawyer in New York costs you nothing up front, and the fee is set by the Workers' Compensation Board — not by the lawyer.

Key facts

$0 up front. You don't pay a workers' comp lawyer out of pocket.
The fee is set and approved by the Board (WCL §24) and deducted from your award.
A lawyer cannot bill you directly or charge a retainer for a comp claim.
It's contingent — if the lawyer wins you nothing, there's generally no fee.

How the fee actually works

Unlike a typical personal-injury case with a flat one-third contingency, New York workers' comp fees are approved case-by-case by the judge. When your attorney secures benefits or a settlement for you, they request a fee; the judge approves a reasonable amount (a portion of the additional compensation obtained) and orders it paid out of your award — so it never comes from your own pocket up front. For small or routine matters the fee may be minimal or waived.

So should you hire one?Representation is optional — simple, accepted claims often don't need it. But if your claim is denied, controverted, headed for a hearing, or a Section 32 settlement, a lawyer usually pays for themselves. Consultations are free, and the Board's Advocate for Injured Workers (AdvInjWkr@wcb.ny.gov) offers free help too.

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