A fee agreement explains the proposed financial terms of representation, but it is not the final authority for a fee paid from a North Carolina workers’ compensation claim. The Industrial Commission reviews fees under the Workers’ Compensation Act.

An attorney and client can sign a fee agreement, but a fee for services in a North Carolina workers’ compensation claim remains subject to Industrial Commission approval.

Read the fee agreement before representation begins

  • Whether the proposed fee is fixed, hourly, contingent, or calculated another way
  • Which compensation, settlement, award, or payment may be used to calculate or pay the fee
  • How litigation expenses, medical records, depositions, experts, filing charges, travel, and other costs are handled
  • What happens if representation ends, another attorney enters, the claim is denied, or no money is recovered
  • Whether a third-party injury claim, employment claim, Social Security matter, appeal, or other work is outside the agreement

Industrial Commission approval is required

G.S. 97-90 makes attorney fees for services under the Act subject to Commission approval. The statute directs the Commission to examine the services rendered and identifies factors that may include time invested, amount involved, results, fixed or contingent structure, customary fees, experience and skill, and the nature of the services.

The actual Commission order controls the approved amount and payment method in a particular claim. Preserve the order and compare it with every deduction or direct payment.

Match the order to each payment

  • Fee agreement date, scope, signature, amendments, and filing or submission record
  • Commission order approving the fee, including percentage or amount, payment source, installment method, and any limitations
  • Gross compensation, dates or weeks covered, approved deductions, net amount to the worker, and direct payment to counsel
  • Settlement approval, Form 26A or other award, payment ledger, checks, and closing statement
  • Later orders modifying benefits or fees and any current-versus-former-counsel division issue

Separate attorney fees from case expenses

A fee pays for legal services. A case expense pays a third party or reimburses an outlay, such as a medical-record charge, deposition transcript, expert review, filing cost, or travel expense. The agreement should explain responsibility, authorization, timing, and whether expenses are deducted before or after a percentage calculation. Compare the final statement with receipts and the Commission order.

Periodic checks and settlements can use different mechanics

An approved fee can be paid from an accrued award, a settlement, scheduled benefits, or periodic compensation as directed by the order. A worker should not assume that every fourth check, every settlement, or every medical benefit is treated the same. Review the order, benefit category, gross-to-net calculation, and payment history.

Keep third-party fees in a separate analysis

G.S. 97-90 states that the Commission does not have jurisdiction over attorney fees in a third-party action. A claim against an outside driver, product company, property actor, or other third party can have a separate agreement, costs, lien, distribution statute, and court oversight. Do not merge the two fee calculations.

The related North Carolina workers’ compensation settlement guide explains gross value, rights released, medical and wage issues, credits, deductions, attorney fees, costs, and the net-payment worksheet. For the fee question, compare the agreement and each deduction with the Commission’s approval order.

Rosensteel Fleishman Car Accident & Injury Lawyers provides information about discussing workers’ compensation representation and fee terms with a Charlotte attorney. Before signing, ask for the agreement, scope, cost terms, and approval process in writing.

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