§928 Fees for Services

Summary

If an employer or its insurer refuses to pay a worker within 30 days after getting written notice from the deputy commissioner, and the worker hires a lawyer and wins, the employer or insurer must pay a reasonable attorney’s fee. That fee must be approved by the deputy commissioner, the Board, or a court and is paid in one lump sum after the award is final. If the employer paid money without a formal award and later a dispute arises about extra pay, the deputy commissioner or Board will hold an informal meeting and write a recommendation. If the employer rejects that recommendation within 14 days and the worker then hires a lawyer and later wins more than what was offered, the lawyer’s fee is based only on the extra amount awarded. That special rule does not apply when the dispute is about how severe or how long a disability is and the employer offers an independent medical exam by doctors used by the Secretary and offers to pay based on that report. All attorney fees must be approved as the law describes. If the worker owes the lawyer, the approved fee can become a lien on the compensation and the decision-maker will say how it is paid. Employers or insurers ordered to pay attorney fees may also be charged costs like witness fees and mileage, but those costs must be approved and cannot reduce the worker’s compensation. Anyone who takes an unapproved fee or who makes a business of soliciting claimants can be fined up to $1,000, jailed up to one year, or both, for each offense.