The Workers' Compensation Specialist can, among other things, conduct benefit review conferences and mediate disputes but cannot determine the issue of permanent disability. However, the Judge makes the ultimate decision as to whether benefits are properly payable and the extent of benefits. When a work-related injury results in death, benefits are paid to the estate of the decedent or to dependents. In addition, the employer is to pay burial expenses subject to a statutory maximum. Compensation benefits are not subject to income tax.
Attorneys typically charge a percentage of the recovery or settlement.
Attorney fees are limited to a maximum of 20 percent and are paid by the party employing the attorney. There are certain penalty provisions in the Workers' Compensation Law. If benefits are unreasonably delayed or refused, the penalty provisions may apply. Parties to a disputed claim may have their claim tried by the Court, or they may agree to settle their claim. To be binding on the employer and employee, any such settlement must be approved by the Court.