(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 Industrial 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 Industrial 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. 84-1438.)
