(820 ILCS 310/16a)
(from Ch. 48, par. 172.51a)
(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
the amount of an attorney's fees shall not exceed 20% of the sum which would
be due under the Workers' Compensation 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
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) 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
by an attorney, no fees shall be paid to any such attorney.
(G) All attorneys' fees for representation of an employee or his dependents
shall be only recoverable from compensation actually paid to such employee
(H) 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.
(I) 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. 81-1482.)