Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
820 ILCS 305/16a
(820 ILCS 305/16a) (from Ch. 48, par. 138.16a)
Sec. 16a. (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 | |
the legal fees, if any, for services rendered are to be fixed by the Illinois Workers' Compensation
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
| |
(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 Illinois Workers' Compensation
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. 93-721, eff. 1-1-05.)
|
|
