One of the biggest reasons injured workers put off calling an attorney isn’t doubt about whether they need one — it’s the assumption they can’t afford it. In a New York workers’ compensation case, that assumption is almost always wrong, but the fee structure is worth understanding clearly rather than taking on faith.
At The Law Offices of Frank J. Dito, Jr., here’s exactly how our fees work, with nothing left vague.
Call 718.701.2776 for a free consultation — there’s no charge to find out where you stand.
There’s No Upfront Cost
Workers’ compensation attorneys in New York work on contingency. That means you don’t pay a retainer, an hourly rate, or any fee at all out of pocket to start your case. If we don’t recover benefits for you, you owe us nothing.
How the Fee Is Actually Calculated
When a fee is earned, it’s taken as a percentage of the benefits recovered (generally 15%) — not billed separately, and not deducted from money you’d otherwise be receiving regardless of the case’s outcome. Critically, attorney fees in New York workers’ comp cases aren’t simply whatever the attorney decides to charge: every fee must be reviewed and approved by the Workers’ Compensation Board before it’s collected. That approval process exists specifically to prevent excessive fees, and it means the amount isn’t something you have to negotiate or take on faith — it’s a matter of record, reviewed by the Board.
What “No Fee Unless We Win” Actually Means
If your claim is denied and stays denied after every available appeal, or if there’s simply no recovery, you don’t owe an attorney’s fee. This is the core protection of the contingency model: the firm’s incentive is aligned with getting you the strongest possible outcome, because a weak outcome means a weak fee — or none at all.
What a Free Consultation Costs
Nothing. The initial conversation where we review your situation, explain your options, and give you an honest read on your case doesn’t cost anything and doesn’t obligate you to hire us. It exists so you can make an informed decision, not so we can start a clock.
The Real Cost Comparison
The question isn’t really “what does a lawyer cost” — it’s “what does going without one cost.” An underpaid average weekly wage calculation, a disability rating that’s lower than it should be, or a denied claim that goes unchallenged can each be worth far more than any attorney’s fee would have been. Since the fee only comes out of money actually recovered, hiring an attorney doesn’t create a financial risk the way it would in most other legal contexts — there’s no bill arriving regardless of outcome. For more on how attorney involvement actually affects the value of a claim, see our guide to maximizing your benefit amount.
Are There Any Other Costs?
In some cases, a claim requires costs beyond the attorney’s own fee — obtaining certain medical records, for example. Any firm you work with should explain clearly, before you sign anything, whether such costs exist in your case and how they’re handled. Ask directly in your consultation, and be wary of any firm that can’t give you a straight answer.
Frequently Asked Questions
Do I have to pay anything if I lose my case?
No. If there’s no recovery, there’s no attorney’s fee. That’s the core of how contingency fee arrangements work in New York workers’ compensation cases.
Who decides how much the attorney’s fee will be?
The Workers’ Compensation Board reviews and approves attorney fees in every case — it isn’t simply a number the attorney sets unilaterally.
Is the consultation really free, or is there a catch?
It’s free, with no obligation to hire us afterward. It’s a genuine opportunity for you to ask questions and get an honest assessment of your situation.
Will hiring a lawyer reduce what I actually receive?
The fee comes out of the value an attorney helps secure — not out of benefits you would have received anyway. In cases where representation results in a properly calculated wage, a correctly argued disability rating, or a successfully challenged denial, the net amount you receive is often significantly higher than what an unrepresented claim would have recovered, even after the fee.
Talk to Us Before You Assume You Can’t Afford Help
If cost has been the only thing holding you back from getting a second opinion on your claim, that’s worth reconsidering. Call The Law Offices of Frank J. Dito, Jr. at 718.701.2776 (toll-free: 800.310.5520) for a free consultation. We’re available 24/7, and you pay nothing unless we win your case.
