A new law seeks to reduce bias against injured workers in low-income brackets who cannot afford attorneys' fees.
New York's Workers’ Compensation law has been amended to include awarding attorneys’ fees for the following services:
- 1/3rd of one week’s compensation for awards made directing the continuation of weekly compensation benefits for temporary total or partial disability;
- 15% of the increased compensation when an award is made that increases the amount of compensation awarded or paid for a previous period(s) of temporary total or partial disability;
- 15% of the compensation due in excess of the employers/carrier’s previous payments when an award is made for loss of use or permanent facial disfigurement;
- 15% of the compensation due in excess of the employer or carrier’s previous payments plus a sum equivalent to 15 weeks of compensation when an award is made for permanent total disability or permanent partial disability;
- 15% of the compensation due in excess of the employer/carrier’s previous payments plus a sum equivalent to 15 weeks of compensation when an award is made for death benefits; and
- 15% of any benefits to be paid by the employers/carrier when an award is made under a waiver agreement.
The law became effective on 12/31/2021.
