What should the employee and employer know about retaining an attorney?
Both the employer and the employee may retain legal counsel, and frequently do. If an attorney is retained by the employee, the law sets the following requirements: The attorney’s fee must be stated on the “Attorney Representation Agreement” form, signed by the employee (or in death cases, by the beneficiaries) and approved by the Industrial Commission. The attorney’s fee is limited to 20% of the amount of compensation recovered, unless additional fees are allowed by the Commission after a hearing. In death, partial and total disability cases, the amount of the attorney’s fee shall not exceed 20% of benefits payable for 364 weeks, unless additional fees are allowed by the Commission. Attorneys shall not charge a fee on TTD benefits unless the employer fails to pay these benefits in a timely manner or in the proper amount; or unless the employer stops paying such benefits, and payments are obtained or reinstated through the efforts of the attorney. Attorneys shall not charge a fee on am
