N.Y. Laws » CHAPTER Workers' Compensation / ARTICLE Compensation
New York Consolidated Laws

N.Y. Workers' Compensation Law § 24 (2026)

Costs and fees

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 24. Costs and fees. 1. If the court before which any proceedings for
compensation or concerning an award of compensation have been brought,
under this chapter, determine that such proceedings have not been so
brought upon reasonable ground, it shall assess the cost of the
proceedings upon the party who has so brought them.
  2. Claims of attorneys and counselors-at-law for legal services in
connection with any claim arising under this chapter, and claims for
services or treatment rendered or supplies furnished pursuant to
subdivision (b) of section thirteen of this article, shall not be
enforceable unless approved by the board. A written fee application on a
form prescribed by the board shall be filed for all legal fees in excess
of one thousand dollars ($1,000.00.) In the fee application the attorney
shall set forth the calculation used to determine the fee and certify
that the amount is in accordance with the following provisions. The form
prescribed by the board shall not require a description of the services
rendered or time records in conjunction with such written application.
The attorney shall set forth on the record the same calculation and
certification in all oral fee applications of one thousand dollars
($1,000.00) or less. The board shall approve such written and submitted
fee application in an amount commensurate with the services rendered and
the amount of compensation awarded, having due regard for the financial
state of the claimant in accordance with each applicable provision of
the following schedule:
  (a) When an award is made directing the continuation of weekly
compensation benefits for temporary total or partial disability, the
attorney's fee shall be one-third of one week's compensation.
  (b) When an award is made that increases the amount of compensation
awarded or paid for a previous period or periods of temporary total or
temporary partial disability, the attorney's fee shall be fifteen
percent of the increased compensation.
  (c) When an award is made for schedule loss of use or permanent facial
disfigurement pursuant to paragraphs a through t of subdivision three of
section fifteen of this article, the attorney's fee shall be fifteen
percent of the compensation due in excess of the employer or carrier's
previous payments.
  (d) When an award is made for permanent total disability pursuant to
subdivision one of section fifteen of this article or permanent partial
disability pursuant to paragraph w of subdivision three of section
fifteen of this article, the attorney's fee shall be equivalent to
fifteen percent of the compensation due in excess of the employer or
carrier's previous payments, plus a sum equivalent to fifteen weeks of
compensation at the rate fixed by the board.
  (e) When an award is made for death benefits pursuant to section
sixteen of this article, the attorney's fee shall be equivalent to
fifteen percent of the compensation due in excess of the employer or
carrier's previous payments, plus a sum equivalent to fifteen weeks of
compensation at the rate fixed by the board.
  (f) When an award is made pursuant to section thirty-two of this
article, the attorney's fee shall be fifteen percent of benefits to be
paid by the employer or carrier under the approved agreement, except
that benefits allocated for future medical expenses shall not be
included in the calculation of the fee. However, if the attorney has
previously been awarded a fee pursuant to this subdivision, any
un-accrued balance of any attorney fees under the foregoing paragraphs
shall be waived.
  3. If a prior attorney has been substituted in a manner prescribed by
the board, and has submitted a fee request, the board shall determine
the amount of fees allocated to any prior attorney out of the total fees
awarded.
  4. When so approved, such claim or claims shall become a lien upon the
compensation awarded, and upon any moneys ordered paid under an award by
the board into the special funds provided for in subdivision nine of
section fifteen and section twenty-five-a of this article, and any other
section of this chapter, but shall be paid therefrom only in the manner
fixed by the board. Any other person, firm or corporation 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, shall be guilty
of a misdemeanor. Any person, firm or corporation who shall solicit the
business of appearing before the board on behalf of a claimant, or who
shall make it a business to solicit employment for a lawyer in
connection with any claim for compensation under this chapter shall be
guilty of a misdemeanor. In case an award is affirmed upon an appeal to
the appellate division, the same shall be payable with interest thereon
from the date when said award was made by the board except as provided
in section twenty-seven of this article.
Notes of Decisions
Cited in 19 cases (13 in the last 5 years), 2006–2025 · leading case: Matter of Olivier v. New York State Dept. of Corr., 236 A.D.3d 1279 (N.Y. App. Div. 3d Dep't 2025).
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Matter of Olivier v. New York State Dept. of Corr., 236 A.D.3d 1279 (N.Y. App. Div. 3d Dep't 2025). · cites it 8× “The carrier sought administrative review with the Workers' Compensation Board, arguing, with regard to the period May 18, 2022 to January 25, 2023, that the WCLJ improperly approved counsel fees for claimant's counsel as a lien on the amount of reimbursement awarded to the…”
Claim of Pavone v. Ambassador Transp., Inc., 26 A.D.3d 645 (N.Y. App. Div. 3d Dep't 2006). · cites it 3× “Counsel fees for services rendered in a workers’ compensation matter must be approved by the Board (see Workers' Compensation Law § 24). Claimant’s primary contentions are addressed to the firm’s failure to submit, and the Board’s consequent failure to consider, a detailed…”
Matter of Cooper v. New York City Health & Hosp. Corp., 239 A.D.3d 1184 (N.Y. App. Div. 3d Dep't 2025). · cites it 20× “The Board panel thereafter issued a decision upholding the WCLJ's determination awarding counsel fees of 15% of the net SLU award, payable from the sums due to claimant, pursuant to Workers' Compensation Law § 24 (2) (c) and (4).”
Matter of Pandolfi v. Plainedge Union Free Sch. Dist., 243 A.D.3d 1093 (N.Y. App. Div. 3d Dep't 2025). · cites it 8× “" Counsel appealed and the Board modified the WCLJ's decision, finding that counsel was not statutorily entitled to counsel fees pursuant to Workers' Compensation Law § 24 (3). Counsel appeals.”
Matter of Enoch v. New York State Dept. of Corr. & Cmty. Supervision, 179 A.D.3d 1430 (N.Y. App. Div. 3d Dep't 2020). “Counsel fees are governed by Workers' Compensation Law § 24, which provides that, if approved by the Board, such fees "shall become a lien upon the compensation awarded .”
Matter of Gilliam v. Doccs Wende Corr. Facility, 190 A.D.3d 1080 (N.Y. App. Div. 3d Dep't 2021). “Given the Board's authority to resolve conflicting medical opinions regarding the SLU percentage to be assigned ( see Matter of Maloney v Wende Corr. Facility , 157 AD3d at 1156), we find its decision to award claimant a 30% SLU of her left arm to be supported by substantial…”
Matter of Harmon v. Off. of Child. & Fam. Servs., 206 A.D.3d 1214 (N.Y. App. Div. 3d Dep't 2022). “To the extent that claimant otherwise challenges the fee award, "Workers' Compensation Law § 24 vests in the Board broad discretion with regard to the approval of counsel fees, and such approval will be disturbed by this Court only if it is arbitrary, capricious, unreasonable or…”
Matter of Razzano v. New York State Dept. of Corr. & Cmty. Supervision, 184 A.D.3d 939 (N.Y. App. Div. 3d Dep't 2020). “Counsel fees approved by the Board are a lien on the compensation awarded and are payable in the manner fixed by the Board ( see Workers' Compensation Law § 24; Matter of Enoch v New York State Dept.”
Matter of Tompkins v. Bedford Stone & Masonry, 198 A.D.3d 1031 (N.Y. App. Div. 3d Dep't 2021). “The proposed notice of approval of the settlement determined that the fee sought was disproportionate to the actual amount of legal work performed and reduced the counsel fee award to $24,000. Upon administrative review, the Workers' Compensation Board affirmed the reduction,…”
Matter of Oshier v. New York State Dept. of Corr. & Cmty. Supervision, 180 A.D.3d 1114 (N.Y. App. Div. 3d Dep't 2020). “A panel of the Board, in turn, modified the WCLJ's decision by reducing the award and granting counsel fees to claimant's counsel in the amount of $8,000.”
Matter of Simmons v. Glens Falls Hosp., 202 A.D.3d 1196 (N.Y. App. Div. 3d Dep't 2022). “As to the Board's rescission of the fee awarded to claimant's counsel, [FN3] Workers' Compensation Law § 24 affords the Board considerable discretion in the approval and award of counsel fees ( see Matter of Gilliam v DOCCS Wende Corr.”
Merritt v. Wynder, 212 A.D.3d 607 (N.Y. App. Div. 2d Dep't 2023). “In any event, Merritt was prohibited from recovering any fee that was not approved by the Workers' Compensation Board ( see Workers' Compensation Law § 24; Crosby v State of N.”
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