Workers Comp Attorney Fees New York are set by state law, not by the lawyer: A set fee schedule since January 1, 2023, with the fee depending on the type of award.
Generally it is 15% of the compensation due above what the employer or carrier already paid, for schedule loss of use, facial disfigurement, permanent disability and death awards (permanent and death awards also allow a fee based on 15 weeks of compensation). It is 15% of any increase in past temporary disability awards. For continued temporary disability it is 1/3 of one week’s compensation.
For Section 32 settlements it is 15% of the settlement, not counting money set aside for future medical care., under N.Y. Workers’ Compensation Law § 24(2)(a)–(f) (amended effective January 1, 2023); 12 NYCRR 300.17; 12 NYCRR 300.36(j) for Section 32 settlements.
This guide to workers comp attorney fees New York explains who pays the fee, why you should never pay up front, who has to approve it, what costs fall outside the cap and what a $50,000 settlement actually nets after the fee. Verified against New York sources as of October 2026.
New York at a Glance
| Fee cap | A set fee schedule since January 1, 2023, with the fee depending on the type of award. Generally it is 15% of the compensation due above what the employer or carrier already paid, for schedule loss of use, facial disfigurement, permanent disability and death awards (permanent and death awards also allow a fee based on 15 weeks of compensation). It is 15% of any increase in past temporary disability awards. For continued temporary disability it is 1/3 of one week’s compensation. For Section 32 settlements it is 15% of the settlement, not counting money set aside for future medical care. (N.Y. Workers’ Compensation Law § 24(2)(a)–(f) (amended effective January 1, 2023); 12 NYCRR 300.17; 12 NYCRR 300.36(j) for Section 32 settlements) |
| Who pays | Usually the worker, because the Board-approved fee is a lien on the compensation award and comes out of it; the employer or carrier may have to pay attorney fees when it brings or keeps up a proceeding without reasonable grounds (WCL § 114-a(3)) |
| Up-front fee | In practice the fee is contingent, because it is only paid as a lien on compensation the Board awards (WCL § 24). Up-front fees are not allowed: any person who “shall exact or receive fee or gratuity for any services rendered on behalf of a claimant except in an amount determined by the board” is guilty of a misdemeanor (WCL § 24) |
| Judge/board approval | YES. A lawyer’s fee claim cannot be enforced unless the Board approves it (WCL § 24; 12 NYCRR 300.17) — The New York State Workers’ Compensation Board, acting through its Workers’ Compensation Law Judges (WCLJs) and Board panels |
| On a $50,000 settlement | Up to $7,500 |
In This New York Guide:
The Cap on Workers Comp Attorney Fees New York Allows
A set fee schedule since January 1, 2023, with the fee depending on the type of award. Generally it is 15% of the compensation due above what the employer or carrier already paid, for schedule loss of use, facial disfigurement, permanent disability and death awards (permanent and death awards also allow a fee based on 15 weeks of compensation). It is 15% of any increase in past temporary disability awards.
For continued temporary disability it is 1/3 of one week’s compensation. For Section 32 settlements it is 15% of the settlement, not counting money set aside for future medical care. The rule is at N.Y. Workers’ Compensation Law § 24(2)(a)–(f) (amended effective January 1, 2023); 12 NYCRR 300.17; 12 NYCRR 300.36(j) for Section 32 settlements.
A written fee application is required under WCL § 24 and 12 NYCRR 300.17(c) when the fee requested is more than 1000. Form OC-400.1 is now required for every attorney fee request. When a Section 32 settlement is approved, any earlier attorney fee that was awarded but has not yet accrued is waived.
If a § 114-a(3) violation is found, the claimant’s representative gets no fee, even if an award is made (Subject Number 046-937). Many claimants confirm their fee figures with the Board and a licensed attorney.
Who Pays Workers Comp Attorney Fees New York
Usually the worker, because the Board-approved fee is a lien on the compensation award and comes out of it; the employer or carrier may have to pay attorney fees when it brings or keeps up a proceeding without reasonable grounds (WCL § 114-a(3)) In practice the fee is contingent, because it is only paid as a lien on compensation the Board awards (WCL § 24).
Up-front fees are not allowed: any person who “shall exact or receive fee or gratuity for any services rendered on behalf of a claimant except in an amount determined by the board” is guilty of a misdemeanor (WCL § 24) WCL § 114-a(3).
If the Board or a court finds a proceeding, including an appeal, was brought or continued without reasonable grounds, the costs are assessed against that party, along with reasonable attorney fees. Board guidance (Subject Number 046-937) says a WCLJ will order $500 per violation in costs and attorney fees for raising or continuing an issue without reasonable grounds.
Who Approves Workers Comp Attorney Fees New York
YES. A lawyer’s fee claim cannot be enforced unless the Board approves it (WCL § 24; 12 NYCRR 300.17) The New York State Workers’ Compensation Board, acting through its Workers’ Compensation Law Judges (WCLJs) and Board panels NO. Under WCL § 24 the fee is a lien on compensation awarded, not on medical benefits.
Under WCL § 24(2)(f) and 12 NYCRR 300.36(j), money set aside for future medical costs is left out when the Section 32 settlement fee is calculated.
Workers Comp Attorney Fees New York: The Rules at a Glance
Every rule on workers comp attorney fees New York below comes from the statute or the agency’s own rules, not from a law-firm page:
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| Fee cap | A set fee schedule since January 1, 2023, with the fee depending on the type of award. Generally it is 15% of the compensation due above what the employer or carrier already paid, for schedule loss of use, facial disfigurement, permanent disability and death awards (permanent and death awards also allow a fee based on 15 weeks of compensation). It is 15% of any increase in past temporary disability awards. For continued temporary disability it is 1/3 of one week’s compensation. For Section 32 settlements it is 15% of the settlement, not counting money set aside for future medical care. |
| Statute or rule | N.Y. Workers’ Compensation Law § 24(2)(a)–(f) (amended effective January 1, 2023); 12 NYCRR 300.17; 12 NYCRR 300.36(j) for Section 32 settlements |
| Who pays | Usually the worker, because the Board-approved fee is a lien on the compensation award and comes out of it; the employer or carrier may have to pay attorney fees when it brings or keeps up a proceeding without reasonable grounds (WCL § 114-a(3)) |
| Contingency only | In practice the fee is contingent, because it is only paid as a lien on compensation the Board awards (WCL § 24). Up-front fees are not allowed: any person who “shall exact or receive fee or gratuity for any services rendered on behalf of a claimant except in an amount determined by the board” is guilty of a misdemeanor (WCL § 24) |
| Approval required | YES. A lawyer’s fee claim cannot be enforced unless the Board approves it (WCL § 24; 12 NYCRR 300.17) |
| Approved by | The New York State Workers’ Compensation Board, acting through its Workers’ Compensation Law Judges (WCLJs) and Board panels |
| Employer or insurer pays the fee | WCL § 114-a(3). If the Board or a court finds a proceeding, including an appeal, was brought or continued without reasonable grounds, the costs are assessed against that party, along with reasonable attorney fees. Board guidance (Subject Number 046-937) says a WCLJ will order $500 per violation in costs and attorney fees for raising or continuing an issue without reasonable grounds. |
| Fee taken from medical benefits | NO. Under WCL § 24 the fee is a lien on compensation awarded, not on medical benefits. Under WCL § 24(2)(f) and 12 NYCRR 300.36(j), money set aside for future medical costs is left out when the Section 32 settlement fee is calculated. |
| Example: $50,000 settlement | Maximum fee $7,500 |
Costs Outside the Cap
Litigation costs — medical records, expert and deposition fees, filing costs — are usually separate from the capped fee in New York, and a fee agreement must say who advances them and who repays them from the award.
What a $50,000 Settlement Nets After Workers Comp Attorney Fees New York
On a $50,000 settlement the maximum fee under the New York cap is $7,500, leaving about $42,500 before any costs and any lien. Represented workers often settle for more than unrepresented ones, which is why the fee is usually not the thing to optimize — the offer is.
When a Lawyer Is Worth the Fee
Workers comp attorney fees New York law allows are small enough that a lawyer earns the fee on any denied claim, any permanent injury, any settlement offer you cannot evaluate and any case where the insurer disputes the doctor. A short, medical-only claim that the insurer is paying without dispute rarely needs one.
Reading a New York Fee Agreement
Before you sign, check four lines against the workers comp attorney fees New York rules above: the percentage (at or under the cap), the words “no fee unless we recover,” who advances costs, and the statement that the fee is subject to approval. If any line is missing, ask — and if the answer is wrong, the state agency’s information line will confirm the rule at no cost.
Got a settlement offer? Before you accept, it helps to know what your New York case may really be worth. An attorney can review the offer, often at no upfront cost.
Frequently Asked Questions
How much can a workers comp lawyer charge in New York?
A set fee schedule since January 1, 2023, with the fee depending on the type of award. Generally it is 15% of the compensation due above what the employer or carrier already paid, for schedule loss of use, facial disfigurement, permanent disability and death awards (permanent and death awards also allow a fee based on 15 weeks of compensation). It is 15% of any increase in past temporary disability awards.
For continued temporary disability it is 1/3 of one week’s compensation. For Section 32 settlements it is 15% of the settlement, not counting money set aside for future medical care.. It is contingent and comes out of the award, not your pocket.
Do I pay workers comp attorney fees in New York if I lose?
No. A contingency fee is owed only on money recovered. Costs may be handled differently — check the fee agreement.
Who approves attorney fees in a New York workers comp case?
The New York State Workers’ Compensation Board, acting through its Workers’ Compensation Law Judges (WCLJs) and Board panels
Official New York Sources & Resources
- New York New York State Workers’ Compensation Board: https://www.wcb.ny.gov
- New York Workers’ Comp Statute: https://www.nysenate.gov/legislation/laws/WKC/24
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This workers comp attorney fees New York guide was last verified against official New York sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.