Many injured workers want an attorney to improve the chances of getting their claim approved but worry it's too expensive. In New York State, workers' compensation attorneys cannot collect any payments upfront. The Workers' Compensation Board must review and approve their legal fees, typically about 15 percent of what the injured employee recovers in a successful claim.
Judges will consider several different factors when approving the lawyer's proposed legal fees, including the injured worker's financial status, the complexity of the case, and the amount of time the attorney spent providing legal services for this client. These measures provide injured workers access to skilled legal representation without paying anything upfront.