|
|
(In effect as of January 1,
2004*) |
|
|
|
|
|
TABLE 18. ATTORNEY FEES
IN WORKERS' COMPENSATION 1/ |
|
|
|
|
|
Statutory |
|
|
|
provision |
Statutory |
|
|
|
|
whereby |
provision |
|
Attorney |
|
|
attorney |
making |
|
fees, upon |
|
|
fees are |
unlawful |
Laypersons |
approval, |
|
|
added to |
acceptance |
permitted |
become |
|
Attorney fees established by |
|
award in |
of |
to |
liens |
|
statute, rule, operating policy, |
Determined |
certain |
unapproved |
represent |
against |
| State |
or on individual case basis |
by: |
cases |
fees |
claimants |
awards |
| |
|
|
|
|
|
|
|
| Alabama |
15%, statute |
Court |
None |
None |
No |
No |
| Alaska |
No fee cap, all
fee awards must be "fully |
Agency |
Yes |
Yes |
Yes |
No |
|
compensatory and reasonable,"
minimum fee |
|
|
is 25% of first $1,000 of benefits
awarded |
|
|
and 10% of balance, statute. |
|
| Arizona |
25%, statute |
Agency |
None |
None |
No |
No |
| Arkansas |
25% of indemnity benefits, |
Agency |
Yes |
None |
Yes |
Yes |
|
statute |
|
| California |
Individual case basis |
Agency |
Yes |
None |
Yes 2/ |
Yes |
| Colorado |
20%, statute |
Agency |
None |
None |
Yes |
No |
| Connecticut |
Individual case basis |
Agency |
Yes |
None |
Yes |
No |
| Delaware |
30% of award or 10 times the |
Agency & |
Yes |
None |
No |
No |
|
State AWW as announced |
Court |
|
|
by the Secretary of Labor |
|
|
at the time of the award, |
|
|
whichever is less, statute |
|
| Dist. of Col. |
20% statute |
Agency |
Yes |
Yes |
Yes |
Yes |
| Florida |
20% first $5,000; 15% second |
|
| |
$5,000; 10% on amount received |
Judge of |
Yes |
Yes |
No |
Yes |
|
over first 10 years, 5% on |
Compensation Claims |
|
|
balance, statute |
|
| Georgia |
25%, statute |
Agency |
Yes |
Yes |
No |
Yes |
| Hawaii |
Individual case basis |
Agency |
Yes |
Yes |
Yes |
Yes |
| Idaho |
25% non-litigated; 30% litigated |
Agency |
Yes |
None |
No 3/ |
No |
| Illinois |
20%, statute |
Agency |
Yes |
None |
No |
No |
| Indiana |
Individual case basis |
Agency |
Yes |
None |
No |
No |
| Iowa |
Individual case basis |
Agency |
None |
None |
No |
Yes |
| Kansas |
25%, statute |
Agency |
None |
None |
No |
Yes |
| Kentucky |
20% first $25,000; 15% next |
Agency |
Yes |
No |
No |
No |
|
$10,000; 5% balance up to a |
|
|
maximum of $12,000, statute |
|
| |
|
|
|
|
|
| *See Introduction page. |
|
|
| 1/
This table refers only to attorney fees for claimants. Attorney fees for employers and insurance
carriers |
|
| are not regulated by State statutes or
regulations. |
|
| 2/
California: Cannot collect a fee for
representation. |
|
| 3/
Idaho: Claimant may act pro se. |
|
|
|
|
|
|
TABLE 18. ATTORNEY FEES
IN WORKERS' COMPENSATION 1/ (cont.) |
|
|
|
|
|
Statutory |
|
|
|
provision |
Statutory |
|
|
|
whereby |
provision |
|
Attorney |
|
|
attorney |
making |
|
fees, upon |
|
|
fees are |
unlawful |
Laypersons |
approval, |
|
|
added to |
acceptance |
permitted |
become |
|
Attorney fees established by |
|
award in |
of |
to |
liens |
|
statute, rule, operating policy, |
Determined |
certain |
unapproved |
represent |
against |
| State |
or on individual case basis |
by: |
cases |
fees |
claimants |
awards |
| |
|
|
|
|
|
|
|
| Louisiana |
20% first $20,000; 10% on |
Court |
Yes |
Yes |
No |
Yes 4/ |
|
balance, statute |
|
| Maine |
Individual case basis |
Agency |
Yes 5/ |
Yes |
Yes |
No |
| Maryland |
Permanent Partial Disability: |
Agency |
Yes |
Yes |
No |
Yes |
|
20% of the first 75 weeks of
compensation |
|
|
15% of compensation due for weeks
76-195 |
|
|
10% of compensation due
for weeks 196+ |
|
|
Cap is 20 times state aww for year
of ai/od |
|
|
Settlements: |
|
|
20% first $10,000.00 |
|
|
15% next $15,000.00 |
|
|
10% in excess of
$25,000.00 |
|
|
Cap is $7,500.00 |
|
| Massachusetts |
If employee prevails before |
Agency |
Yes |
Yes |
No |
Yes |
|
hearing, twice SAWW; otherwise |
|
|
depends on when appellate |
|
|
process, settlement occurs, |
|
|
statute |
|
| Michigan |
30%, rule; up to time of trial, |
Agency |
None |
None |
No |
No |
|
15% first $25,000; 10% balance |
|
|
on redemption settlements |
|
| Minnesota |
25% first $4,000; 20% next |
Court |
Yes |
Yes |
No |
Yes |
|
$60,000, statute |
|
| Mississippi |
25% before Commission; 33 1/3% |
Agency |
None |
Yes |
No |
Yes |
|
in Court, statute |
|
| Missouri |
25%, policy |
Agency |
None |
None |
No |
Yes |
| Montana |
20% - 25%, rule |
Agency |
Yes |
None |
Yes |
Yes |
| Nebraska |
statute states "reasonable" |
Court |
Yes |
Yes |
No |
Yes |
| Nevada 6/ |
No provision |
|
Yes |
|
Yes |
|
| New Hampshire |
20%, policy |
Agency |
Yes |
None |
No |
Yes |
| New Jersey |
20%, statute |
Court |
Yes |
Yes |
No |
Yes |
| New Mexico |
*Maximum of $16,500, statute |
Court |
Yes |
Yes |
Yes |
Yes |
| New York |
Individual case basis |
Agency |
None |
Yes |
Yes |
Yes |
| N. Carolina |
Individual case basis |
Agency |
Yes |
Yes |
No |
No |
|
|
| |
|
|
|
|
|
| 1/ This
table refers only to attorney fees for claimants. Attorney fees for employers and insurance
carriers |
|
| are not regulated by State statutes or
regulations. |
|
| 4/
Louisiana: Attorney fees may not be
included in any formula used to establish insurance premium rates. |
|
| 5/ Maine:
True only for discrimination cases. |
|
| 6/
Nevada: The Nevada Attorney for
Injured Workers may be appointed to provide legal representation, |
|
| without charge, to claimants at certain
administrative and appellate hearings.
Attorney fees may be |
|
| awarded in frivolous petitions for
judicial review. |
|
| * Effective 7/1/03 |
|
|
|
TABLE 18. ATTORNEY FEES
IN WORKERS' COMPENSATION 1/ (cont.) |
|
|
|
|
|
Statutory |
|
|
|
provision |
Statutory |
|
|
|
whereby |
provision |
|
Attorney |
|
|
attorney |
making |
|
fees, upon |
|
|
fees are |
unlawful |
Laypersons |
approval, |
|
|
added to |
acceptance |
permitted |
become |
|
Attorney fees established by |
|
award in |
of |
to |
liens |
|
statute, rule, operating policy, |
Determined |
certain |
unapproved |
represent |
against |
| State |
or on individual case basis |
by: |
cases |
fees |
claimants |
awards |
| |
|
|
|
|
|
|
|
| North Dakota |
An hourly rate ($100) and |
Agency |
Yes |
None |
No 7/ |
No |
|
maximum fees according to |
|
|
level of hearing, ranging |
|
|
from $4,000 to $8,505, rule |
|
| Ohio |
Individual case basis |
Agency |
None |
None |
No 8/ |
No |
| Oklahoma |
10% TTD; 20% other types, statute |
Court |
None* |
None |
No |
Yes |
| Oregon |
25% of increased compensation not |
Agency |
Yes |
None |
Yes |
Yes |
|
To exceed $4,600 (PPD), $12,500 |
|
|
(PTD), $1,500 (temp. disability), |
|
|
rule |
|
| Pennsylvania |
20%, statute |
Agency |
Yes |
None |
No |
Yes |
| Puerto Rico |
Individual case basis |
Agency |
Yes |
None |
No |
No |
| Rhode Island |
Individual case basis |
Court |
Yes |
None |
No |
No |
| S. Carolina |
Individual case basis |
Agency |
Yes |
Yes |
No |
No |
| South Dakota |
25% for settlements; 30% for |
Agency |
Yes |
None |
Yes |
No |
|
lower court cases; 35% for |
|
|
State Supreme Court cases, |
|
|
statute |
|
| Tennessee 9/ |
20%, statute |
Agency & |
None |
Yes |
No |
Yes |
|
Court |
|
| Texas |
25%, statute |
Agency |
Yes |
Yes |
Yes |
Yes |
| Utah |
20% first $15,000; 15% next |
Agency |
None |
None |
Yes |
No |
|
$15,000;10% balance; maximum |
|
|
$10,532 |
|
| Vermont |
20% maximum $9,000 |
Agency |
Yes |
None |
No |
Yes |
| |
hourly rate $90, policy |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
|
|
| 1/
This table refers only to attorney fees for claimants. Attorney fees for employers and insurance
carriers are not regulated by |
|
| State statutes or regulations. |
|
| 7/ North Dakota: A non-legal workers' advisor
program provides assistance to injured workers, independent of the
administrative claims processes and prior to the administrative hearing |
| process;
attorney fees may not be paid for claimants unless they have first used the
advisor process. |
|
| 8/
Ohio: However, laypersons are
permitted to represent claimants at administrative hearings, if no fee is
charged. |
|
| 9/
Tennessee: Employer attorney fees in
excess of $13,037.96 require court approval.
The threshold will be adjusted each July. |
|
| * Attorney
fees are paid from the compensation award.
However, a party may be assessed additional attorney fees in
connection with a patently frivolous appeal and under court Rule 38 |
| in connection with pre-hearing
conferences. |
|
|
TABLE 18. ATTORNEY FEES
IN WORKERS' COMPENSATION 1/ (cont.) |
|
|
|
|
|
Statutory |
|
|
|
provision |
Statutory |
|
|
|
whereby |
provision |
|
Attorney |
|
|
attorney |
making |
|
fees, upon |
|
|
fees are |
unlawful |
Laypersons |
approval, |
|
|
added to |
acceptance |
permitted |
become |
|
Attorney fees established by |
|
award in |
of |
to |
liens |
|
statute, rule, operating policy, |
Determined |
certain |
unapproved |
represent |
against |
| State |
or on individual case basis |
by: |
cases |
fees |
claimants |
awards |
| |
|
|
|
|
|
|
|
| Virginia |
Individual case basis |
Agency |
Yes |
None |
No |
No |
| Virgin Is. |
N/A |
Agency |
N/A |
N/A |
N/A |
N/A |
| Washington |
30%, statute |
Agency |
Yes |
Yes |
Yes |
No |
| West Virginia |
20%, 208 week limit, statute 10/ |
N/A |
None |
Yes |
No |
Yes |
| Wisconsin |
20% in disputed cases, statute |
Agency |
None |
Yes |
Yes |
No |
| Wyoming |
Individual case basis |
Court |
Yes |
Yes |
Yes |
No |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
|
| 1/ This
table refers only to attorney fees for claimants. Attorney fees for employers and insurance
carriers are not regulated by State statutes |
|
|
or regulations. |
|
|
| 10/ West
Virginia: Attorney fees limited to 20%
of claimant's or dependent's award. |
|
| N/A = Not Available |
|
|
|
|
|
|
|
|
|