Important: We updated this article in November 2024 after reviewing workers’ compensation attorney fees in all 50 states. Injured at work? Then you likely have countless concerns on your mind. One of them is probably whether you should hire an attorney to help with your workers’ comp claim. But if you do, the next logical question is: How much does a workers’ comp lawyer cost? It’s a lot more affordable than you might think. At an average of 15% across all states, workers’ comp lawyer fees are among some of the most affordable nationwide. But how do you know if you really need an attorney to get the benefits you deserve after an accident? All workers’ compensation lawyers generally offer free consultations, work on contingency, and tell you how much they charge in advance.
Learn some common reasons you might need to hire an attorney, what they do, possible settlement amounts and more below.
Workers’ Comp Lawyer Fees: Key Takeaways
- Working with a workers’ comp lawyer can increase your workers’ compensation settlement amount considerably.
- When you work with a workers’ comp attorney, they can tell you whether your case is winnable. This can potentially save you a lot of time and aggravation.
- Workers’ comp attorney fee amounts are up to individual state laws, but the national average is around 15%.
- Workers’ comp lawyer fees occur on a contingency basis. This means you pay nothing up front (there is no retainer) and if you don’t get paid, neither do they.
- If your case loses, you may still have to pay certain expenses incurred while working on your claim.
What Does a Workers’ Comp Lawyer Do?
A workers’ comp lawyer can help you achieve a positive outcome when you pursue compensation for work-related injuries or illnesses. The specifics of what a workers’ comp lawyer can do for you will depend on the circumstances of your case.
In most cases, a workers’ compensation attorney can help you do all the following:
- Determine if you have a valid claim or not under your state’s current workers’ compensation laws.
- Evaluate whether legal assistance is necessary to win your case before you agree to retain any legal services.
- Learn what medical documentation and other evidence will best support your claim.
- Secure expert witnesses willing to testify on your behalf in court, if needed.
- Set necessary appointments with your healthcare providers and obtain medical records.
- Complete and file any necessary paperwork within the required deadlines.
- Negotiate directly with the insurance carrier, state fund, or your employer to maximize your settlement offer.
- Help you prepare for your deposition or court appearance by helping you rehearse your answers to frequently asked questions.
When Do I Need a Workers’ Compensation Attorney?
There are clear circumstances when you should seriously consider hiring a workers’ compensation attorney. These are just a few examples:
- If you need help understanding what you should do and when and how you should do it. Even having an initial consultation can be helpful if this is true for you.
- If you have a pre-existing condition. The ability to delineate what’s attributable to your pre-existing condition and whether your workplace accident exacerbated it is often complicated. An attorney can help when this is an issue in resolving your claim.
- When your job injury turns into a long-term disability that permanently limits your ability to work. When this happens, you’ll need an attorney to help secure a workers’ comp settlement and/or Social Security disability benefits.
- When different medical professionals cannot agree on your diagnosis or treatment plan. What if the doctor that your employer’s insurer requires you to see disagrees with your own personal physician’s assessment? Having an experienced attorney can help you prevail in that situation.
- When you need to appeal a denied workers’ compensation claim. Attorneys are also great for negotiating a better settlement than the insurer initially offered. The same is true if you have a third-party claim or if your employer illegally retaliates after you file.
All the above situations are quite complicated and can be almost impossible to navigate on your own. An attorney can make the process easier and more profitable for you in the long run – even after legal fees.
Can a Workers’ Comp Lawyer Get Me More Money for a Work Injury?
The short answer is that yes, attorneys can secure more money for clients than those who file without representation.
The statistics show it. Studies prove that the average claim paid to those who applied without an attorney was $15,936. By contrast, workers’ compensation claims from workers with legal representation averaged $77,807 in settlement payouts.
Let’s say you live in a state with the highest workers’ comp lawyer fees and pay 33% of your award. If your settlement amount is $77,807, you would receive $52,130.69 after deducting your lawyer’s legal fees. That’s still $36,194.69 more cash you keep versus the $15,936 average settlement for workers’ comp claims with no attorney representation.
Understanding How Workers’ Comp Lawyer Fees Work
Workers’ comp lawyers accept cases on contingency. That means they cannot charge you legal fees unless they win your workers’ compensation case. This means there is no up-front cost (no retainer) to start working with a workers’ comp attorney.
There might be, however, required fees as the case progresses that cover other, small expenses. These might include the following costs related to representing your case:
- Photocopying fees
- Deposition expenses
- Postage
- Filing fees
- Travel expenses that your attorney incurs while working on your claim, where applicable
Do All Workers’ Comp Attorneys Work on Contingency?
Yes, all workers’ comp attorneys work on contingency.
Even though that’s true, your contingency fee amount varies by state and according to current laws. This is because each state regulates how much workers’ compensation attorneys can charge injured workers. Scroll down to see a quick reference list of approximate workers’ compensation fee percentages based on current state laws.
Reviewing Your Fee Agreement
Your attorney should provide a copy of your fee agreement during your free initial consultation for you to review. Be sure to review it then so you can ask any questions you have before ending the consultation, if possible.
Negotiating the fee that your attorney charges is a right that you have, if that’s something you wish to pursue. If this is what you want to do, start that process before the attorney provides their fee agreement for review. In most cases the only negotiable aspect of the attorney’s fee is how much of a percentage they can charge. Because other related fees are usually a set amount, those are unlikely to change. One example would be the cost associated with making photocopies of your medical records for court filings.
State Guidelines on Workman’s Comp Attorney Fees
The following states let attorneys charge a set or maximum percentage of your final award for successful workers’ comp cases:
- 9%-15% – California
- 10%-20% – Florida, Indiana, Kentucky, New Mexico, Oklahoma
- 10%-30% – Maryland, Washington
- 15% – Alabama, New York
- 20% – Colorado, Connecticut, District of Columbia (Washington, D.C.), Illinois, Louisiana, New Hampshire, New Jersey, North Dakota, Pennsylvania, Rhode Island, Virginia, West Virginia, Wisconsin
- 25% – Arizona, Arkansas, Georgia, Idaho, Kansas, Mississippi, North Carolina, Oregon, Texas
- 25%-33% – Iowa, Missouri, Utah
- 30% – Delaware, Maine
- 33.3% – Ohio, Nebraska, Nevada, South Carolina
These states have specific workers’ comp attorney fee rules that are different from the above:
- Alaska – 25% minimum of your award totaling up to $1,000, then 10% of any compensation received beyond that initial amount
- Hawaii – Court determines legal fee amounts based on your lawyer’s experience and the complexity of your case
- Massachusetts – fee amounts can range anywhere from $466.72 to $6,534.05, depending on your case type and complexity
- Michigan – 20% of your first $100,000 in compensation, then 15% for any award above that initial settlement amount
- Minnesota – 20% of the first $130,000 in your compensation award, up to a maximum of $26,000 in fees for any settlement amount you receive
- Montana – 20% for cases that settle out of court; 25% for cases resolved at hearings or by trial verdict
- South Dakota – 25% maximum of your settlement award, or up to 35% for cases that require court hearings to resolve
- Vermont – $245 per hour, maximum, for attorneys or $9 per hour for paralegal services
- Wyoming – depends entirely on your case complexity and the lawyer’s experience.
Additional Workers’ Comp Lawyer Costs and Expenses You Might Owe
- Workers’ comp lawyers may incur additional paperwork and filing costs, such as copying and mailing your medical records.
- These costs are often reasonable, and you may have to reimburse the attorney for those expenses. That’s true regardless of whether you win or lose your workers’ compensation benefits case.
- Your lawyer should discuss any additional costs with you upfront and include them in your fee agreement.
What Happens if I Want to Fire the First Workers’ Compensation Lawyer I Hire?
If you hire an attorney and later decide to stop working together, you always have the right to fire them. Should you make that decision, though, you need to know that it can make things more complicated.
If you fire one attorney and hire another, both attorneys must split the contingency fee you pay for legal representation. This is a negotiation you may wish to leave to your newly hired attorney – assuming you can find one to take over your case.
You should also know that you might need a judge’s approval to change attorneys once your case is underway.
Changing lawyers will most certainly delay your case, too. That’s because your new attorney will need time to prepare and get fully up to speed on the details. For example: Your new lawyer may need to re-interview witnesses before moving forward with representing your claim.
In states with a one-year statute of limitations (like Georgia or Ohio), switching attorneys could doom your chances for success. There may simply not be enough time to swap representatives before you become ineligible for benefits under those states’ deadlines.
Talk to an Attorney for Free About Your Workers’ Compensation Case
You don’t have to fight your employer alone for the rights and benefits you believe you’re entitled to. Instead, talk to an experienced workers’ compensation attorney in your state if your employer’s insurance company denies your claim.
Every workers’ comp lawyer in our network offers free, no-obligation case evaluations. If the attorney we match you with believes you should win your case, they may accept you as a client. You should learn how likely you are to win your bid for benefits during this free consultation. If there’s no chance of filing a winning claim in your case, the attorney should then explain why.
Ready to learn your chances of winning workers’ compensation benefits? Click the button below to start your free online benefits quiz now:
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Lisa Allen is a writer and editor who lives in suburban Kansas City. She holds MFAs in Creative Nonfiction and Poetry, both from the Solstice Low-Residency Program in Creative Writing at Pine Manor College. Prior to becoming a writer, Lisa worked as a paralegal, where she specialized in real estate in and around Chicago.
