ILCS » Chapter 820 · Act 305
Illinois Compiled Statutes

820 ILCS 305/16a (2026)

(A) In the establishment or approval of attorney's fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement and prompt administrative handling of such claims and thereby reduce expenses to claimants for compensation under this Act

✓ current as of May 2026
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(820 ILCS 305/16a) (from Ch. 48, par. 138.16a)
    Sec. 16a. (A) In the establishment or approval of attorney's fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement and prompt administrative handling of such claims and thereby reduce expenses to claimants for compensation under this Act.
    (B) With respect to any and all proceedings in connection with any initial or original claim under this Act, no claim of any attorney for services rendered in connection with the securing of compensation for an employee or his dependents, whether secured by agreement, order, award or a judgment in any court shall exceed 20% of the amount of compensation recovered and paid, unless further fees shall be allowed to the attorney upon a hearing by the Commission fixing fees, and subject to the other provisions of this Section. However, except as hereinafter provided in this Section, in death cases, total disability cases and partial disability cases, the amount of an attorney's fees shall not exceed 20% of the sum which would be due under this Act for 364 weeks of permanent total disability based upon the employee's average gross weekly wage prior to the date of the accident and subject to the maximum weekly benefits provided in this Act unless further fees shall be allowed to the attorney upon a hearing by the Commission fixing fees.
    (C) All attorneys' fees in connection with the initial or original claim for compensation shall be fixed pursuant to a written contract on forms prescribed by the Commission between the attorney and the employee or his dependents, and every attorney, whether the disposition of the original claim is by agreement, settlement, award, judgment or otherwise, shall file his contract with the Chairman of the Commission who shall approve the contract only if it is in accordance with all provisions of this Section.
    (D) No attorneys' fees shall be charged with respect to compensation for undisputed medical expenses.
    (E) No attorneys' fees shall be charged in connection with any temporary total disability compensation unless the payment of such compensation in a timely manner or in the proper amount is refused, or unless such compensation is terminated by the employer and the payment of such compensation is obtained or reinstated by the efforts of the attorney, whether by agreement, settlement, award or judgment.
    (F) In the following cases in which there is no dispute between the parties as to the liability of the respondent to pay compensation in a timely manner or in the proper amount and there is no dispute that the accident has resulted in:
        (1) the death of the employee; or
        (2) a statutory permanent disability; or
        (3) the amputation of a finger, toe, or member; or
        (4) the removal of a testicle; or
        (5) the enucleation of or 100% loss of vision of an
    
eye;
the legal fees, if any, for services rendered are to be fixed by the Illinois Workers' Compensation Commission at a nominal amount, not exceeding $100.
    (G) In the following cases in which there is no dispute between the parties as to the liability of the respondent to pay compensation and there is no dispute that the accident has resulted in:
        (1) a fracture of one or more vertebrae; or
        (2) a skull fracture; or
        (3) a fracture of one or more spinous or transverse
    
processes; or
        (4) a fracture of one or more facial bones; or
        (5) the removal of a kidney, spleen or lung;
the legal fees, if any, for services rendered are to be fixed by the Illinois Workers' Compensation Commission at a nominal amount, not exceeding $100, provided that the employee is awarded the minimum amount for the above injuries as specified in Section 8(d)2.
    (H) With regard to any claim where the amount to be paid for compensation does not exceed the written offer made to the claimant or claimants by the employer or his agent prior to representation by an attorney, no fees shall be paid to any such attorney.
    (I) All attorneys' fees for representation of an employee or his dependents shall be only recoverable from compensation actually paid to such employee or dependents.
    (J) Any and all disputes regarding attorneys' fees, whether such disputes relate to which one or more attorneys represents the claimant or claimants or is entitled to the attorneys' fees, or a division of attorneys' fees where the claimant or claimants are or have been represented by more than one attorney, or any other disputes concerning attorneys' fees or contracts for attorneys' fees, shall be heard and determined by the Commission after reasonable notice to all interested parties and attorneys.
    (K) After reasonable notice and hearing before the Commission, any attorney found to be in violation of any provision of this Section shall be required to make restitution of any excess fees charged plus interest at a reasonable rate as determined by the Commission.
(Source: P.A. 93-721, eff. 1-1-05.)

    
Notes of Decisions
Cited in 27 cases, 1995–2017 · leading case: Alvarado v. Indus. Comm'n, 837 N.E.2d 909 (Ill. 2005).
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Alvarado v. Indus. Comm'n, 837 N.E.2d 909 (Ill. 2005). · cites it 14× “" 820 ILCS 305/16a (West 2002). I believe that a hearing on an attorney's fee petition is in the nature of a supplemental proceeding, authorized by the Act, which does not affect the validity of the underlying compensation award to the claimant.”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). · cites it 10× “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
McMahan v. Indus. Comm'n, 702 N.E.2d 545 (Ill. 1998). · cites it 2× “820 ILCS 305/16a (West 1992). In the case before us the arbitrator took this 20% statutory rate and multiplied it times the total amount awarded to plaintiff, $27,792.”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). · cites it 10× “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Stephens v. Indus. Comm'n, 671 N.E.2d 763 (Ill. App. Ct. 1996). · cites it 4× “10(a)(1) (1985)) is a valid rule (820 ILCS 305/16a (West 1994)); (2) as a matter of law, the award of attorney fees was defective because the Commission misinterpreted sections 16 and 16a of the Act; (3) the Commission finding that the expending of 120 hours of post-Commission…”
Scott v. Indus. Comm'n, 703 N.E.2d 81 (Ill. 1998). · cites it 2× “See 820 ILCS 305/16a(B) (20% for attorney fees); 19(k) (50% for additional compensation) (West 1994).”
Radosevich v. Indus. Comm'n, 856 N.E.2d 1 (Ill. App. Ct. 2006). · cites it 2× “or approving attorney fees under the Act, section 16a(B) provides in pertinent part, "[N]o claim of any attorney for services rendered in connection with the securing of compensation for an employee or his dependants, whether secured by agreement, order, award or a judgment in…”
Modern Drop Forge Corp. v. Indus. Comm'n, 671 N.E.2d 753 (Ill. App. Ct. 1996). · cites it 2× “88 in attorney fees pursuant to section 16a(B) of the Act (820 ILCS 305/16a(B) (West 1992)). The circuit court confirmed the Commission's decision.”
Clay v. Cnty. of Cook, 759 N.E.2d 6 (Ill. App. Ct. 2001). “In DeSalvo the court construed section 16a of the Workers’ Compensation Act (820 ILCS 305/16a (West 1994)), which, inter alia, limits attorney fees in workers’ compensation cases to 20% of the amount recovered unless the Industrial Commission awards further fees.”
Ferris, Thompson, & Zweig, LTD. v. Esposito, 2014 IL App (2d) 130129 (Ill. App. Ct. 2014). · cites it 4× “In addressing that topic, section 16a(A) (820 ILCS 305/16a(A) (West 2012)) articulates what the legislative purpose of the section is.”
Kinn v. Prairie Farms/Muller Pinehurst, 859 N.E.2d 99 (Ill. App. Ct. 2006). “820 ILCS 305/16a(A) (West 2004); Alvarado, 216 Ill.”
Bayer v. Panduit Corp., 2016 IL 119553 (Ill. 2016). “¶ 33 As an alternative basis for escaping its obligation to pay statutory attorney fees on the value of the medical expenses it has been relieved from having to pay, Area Erectors invokes section 16a(D) of the Workers’ Compensation Act (820 ILCS 305/16a(D) (West 2006)). That…”
Show all 27 citing cases →
— 820 ILCS 305/16a(A) — 10 cases
Alvarado v. Indus. Comm'n, 837 N.E.2d 909 (Ill. 2005). “" 820 ILCS 305/16a (West 2002). I believe that a hearing on an attorney's fee petition is in the nature of a supplemental proceeding, authorized by the Act, which does not affect the validity of the underlying compensation award to the claimant.”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Kinn v. Prairie Farms/Muller Pinehurst, 859 N.E.2d 99 (Ill. App. Ct. 2006). “820 ILCS 305/16a(A) (West 2004); Alvarado, 216 Ill.”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Stephens v. Indus. Comm'n, 671 N.E.2d 763 (Ill. App. Ct. 1996). “10(a)(1) (1985)) is a valid rule (820 ILCS 305/16a (West 1994)); (2) as a matter of law, the award of attorney fees was defective because the Commission misinterpreted sections 16 and 16a of the Act; (3) the Commission finding that the expending of 120 hours of post-Commission…”
— 820 ILCS 305/16a(B) — 10 cases
Scott v. Indus. Comm'n, 703 N.E.2d 81 (Ill. 1998). “See 820 ILCS 305/16a(B) (20% for attorney fees); 19(k) (50% for additional compensation) (West 1994).”
Radosevich v. Indus. Comm'n, 856 N.E.2d 1 (Ill. App. Ct. 2006). “or approving attorney fees under the Act, section 16a(B) provides in pertinent part, "[N]o claim of any attorney for services rendered in connection with the securing of compensation for an employee or his dependants, whether secured by agreement, order, award or a judgment in…”
Modern Drop Forge Corp. v. Indus. Comm'n, 671 N.E.2d 753 (Ill. App. Ct. 1996). “88 in attorney fees pursuant to section 16a(B) of the Act (820 ILCS 305/16a(B) (West 1992)). The circuit court confirmed the Commission's decision.”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
— 820 ILCS 305/16a(C) — 7 cases
Stephens v. Indus. Comm'n, 671 N.E.2d 763 (Ill. App. Ct. 1996). “10(a)(1) (1985)) is a valid rule (820 ILCS 305/16a (West 1994)); (2) as a matter of law, the award of attorney fees was defective because the Commission misinterpreted sections 16 and 16a of the Act; (3) the Commission finding that the expending of 120 hours of post-Commission…”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Ferris, Thompson, & Zweig, LTD. v. Esposito, 2014 IL App (2d) 130129 (Ill. App. Ct. 2014). “In addressing that topic, section 16a(A) (820 ILCS 305/16a(A) (West 2012)) articulates what the legislative purpose of the section is.”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Yocum v. Indus. Comm'n, 697 N.E.2d 766 (Ill. App. Ct. 1998).
— 820 ILCS 305/16a(D) — 5 cases
Bayer v. Panduit Corp., 2016 IL 119553 (Ill. 2016). “¶ 33 As an alternative basis for escaping its obligation to pay statutory attorney fees on the value of the medical expenses it has been relieved from having to pay, Area Erectors invokes section 16a(D) of the Workers’ Compensation Act (820 ILCS 305/16a(D) (West 2006)). That…”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Bayer v. Panduit Corp., 2015 IL App (1st) 132252 (Ill. App. Ct. 2015).
Bayer v. Panduit Corp., 2015 IL App (1st) 132252 (Ill. App. Ct. 2015).
— 820 ILCS 305/16a(H) — 2 cases
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
— 820 ILCS 305/16a(I) — 8 cases
Alvarado v. Indus. Comm'n, 837 N.E.2d 909 (Ill. 2005). “" 820 ILCS 305/16a (West 2002). I believe that a hearing on an attorney's fee petition is in the nature of a supplemental proceeding, authorized by the Act, which does not affect the validity of the underlying compensation award to the claimant.”
Stephens v. Indus. Comm'n, 671 N.E.2d 763 (Ill. App. Ct. 1996). “10(a)(1) (1985)) is a valid rule (820 ILCS 305/16a (West 1994)); (2) as a matter of law, the award of attorney fees was defective because the Commission misinterpreted sections 16 and 16a of the Act; (3) the Commission finding that the expending of 120 hours of post-Commission…”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Riddle v. Knapp (In Re Knapp), 179 B.R. 106 (Bankr. S.D. Ill. 1995).
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
— 820 ILCS 305/16a(J) — 9 cases
Alvarado v. Indus. Comm'n, 837 N.E.2d 909 (Ill. 2005). “" 820 ILCS 305/16a (West 2002). I believe that a hearing on an attorney's fee petition is in the nature of a supplemental proceeding, authorized by the Act, which does not affect the validity of the underlying compensation award to the claimant.”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Ferris, Thompson, & Zweig, LTD. v. Esposito, 2014 IL App (2d) 130129 (Ill. App. Ct. 2014). “In addressing that topic, section 16a(A) (820 ILCS 305/16a(A) (West 2012)) articulates what the legislative purpose of the section is.”
Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (Ill. 2015). “The first subsection of section 16a states: “In the establishment or approval of attorney’s fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encourage settlement…”
Hoshor v. Indus. Comm'n, 671 N.E.2d 347 (Ill. App. Ct. 1996).
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