Hiring a Workers' Compensation Lawyer in Alaska
The limits on workers' comp lawyer fees in Alaska, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Alaska: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A fee agreement that is wholly or partly contingent must be in writing and state the method for figuring the fee, including the percentage(s) to the lawyer on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses come out before or after the fee is calculated. Alaska adds that the written agreement must include the Rule 1.4(c) malpractice-insurance disclosure (required if the lawyer lacks coverage of at least $100,000 per claim and $300,000 aggregate) and state any costs, fees or expenses the client may owe the lawyer or the opposing party. At the end, the lawyer must give a written statement of the outcome and the client's share. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on securing a divorce or on establishing or modifying alimony, support or a property settlement. |
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| If you disagree with a lawyer's bill | The Alaska Bar runs a fee arbitration program for disputes with a lawyer licensed in Alaska or over legal services in a matter conducted in Alaska. You must first try to resolve the dispute with the lawyer; it is not available when the fee was set by a court decision, statute or court rule. After the petition (mailed with an original signature) is filed, the lawyer gets a 10-day grace period to resolve it. Disputes of $5,000 or less are heard by one committee member; larger ones by a three-member panel including a non-lawyer. The decision is final and binding, and the hearing may proceed if a party fails to appear. If you hired the lawyer more than 3 years ago, you must explain the delay. |
| If a lawyer takes your money | The Alaska Bar's Lawyers' Fund for Client Protection, administered by the Board of Governors, can compensate people who lost money, property or other things of value because of a lawyer's dishonest conduct, if the loss is not covered by insurance or a bond and meets Alaska Bar Rule 45. The LFCP Committee investigates and the Board decides; compensation is in the Board's sole discretion. |
Alaska rules to know first
| Lawyer fee limits | Attorney fees in Alaska workers' comp cases are governed by AS 23.30.145 and awarded by the Workers' Compensation Board. Subsection (a) applies when an employer controverts a claim and sets a minimum fee but not a maximum; subsection (b) requires the employer to pay reasonable fees when it delays or resists payment and the worker's attorney successfully prosecutes the claim. The Board considers the nature, length and complexity of the services and the benefits obtained. |
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| Deadline to file a claim | If the insurer denies benefits with a Controversion Notice before a claim is filed, the worker must file a written claim (Form 07-6106) with the Division within two years of the date the Controversion Notice was filed. If the insurer paid and then stopped disability benefits without a Controversion Notice, the claim must be filed within two years of the last disability payment. In death cases, dependents must file within one year after the death. If the insurer denies benefits after a claim is filed, the worker must request a hearing (or ask the Board for more time) within two years of that denial. |
| Deadline to challenge a denial | Denied claims: if the insurer denies benefits before a claim is filed, the worker must file a claim (Form 07-6106) with the Division within two years after the Controversion Notice was filed. If benefits are denied after a claim is filed, the worker must request a hearing (Affidavit of Readiness for Hearing) or ask the Alaska Workers' Compensation Board for more time within two years after that Controversion Notice. A final Board decision may be appealed to the Alaska Workers' Compensation Appeals Commission no later than 30 days after the Board serves it (15 days for a petition for review of a non-final order). Commission deadlines: https://labor.alaska.gov/WCcomm/home.htm . |
| Suing someone other than your employer | Suing someone else: if a person other than a coworker caused the work injury (a driver in a car crash, for example), the injured worker may sue that third party in civil court in addition to getting workers' comp benefits. The comp insurer has the right to recover the benefits it paid out of any settlement or judgment. The worker must give the Division and the employer written notice within 30 days of filing the lawsuit, and must get the insurer's written consent before settling (even a dismissal counts as a settlement); settling without consent may forfeit further benefits and let the insurer recover what it paid. |
| Filing a claim online | If you are hurt at work in Alaska, notify your supervisor immediately, tell your medical provider the injury is work-related, and fill out the Report of Injury (Form 07-6100) as soon as possible but no later than 30 days after the injury or the start of the illness; give it to your employer (you may send a copy to the Alaska Workers' Compensation Board). The employer notifies its insurer, its adjuster and the Board. If benefits are disputed, a Workers' Compensation Claim is filed with the Board. Filings can be emailed to workerscomp@alaska.gov or mailed to P.O. Box 115512, Juneau, AK 99811-5512; Division toll-free line (877) 783-4980. Guide: https://labor.alaska.gov/wc/publications/guide_to_AK_WC_process.pdf. Offices: Juneau (907) 465-2790, Anchorage (907) 269-4980. |
Find and check a lawyer
| Lawyer referral service | The Alaska Bar Association Lawyer Referral Service lists Alaska lawyers in good standing by practice area. A Lawyer Referral Service Assistant (not a lawyer, and unable to give legal advice) takes your name and a short description of the problem and gives you the names and phone numbers of up to three lawyers who handle that type of issue. Participating lawyers "will charge no more than $125 for the first half-hour of consultation"; later fees are agreed with the lawyer. The service does not rate lawyers and has no list of free or low-fee lawyers. Phone 907-272-0352, toll-free in Alaska 1-800-770-9999, email LRS@alaskabar.org; open 9:00 a.m.-12:00 p.m. and 1:00-4:00 p.m., Monday-Friday. |
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| Check that the lawyer is licensed | The Alaska Bar Association (840 K Street, Suite 100, Anchorage) offers an online lawyer directory on its Member Directories page for searching Alaska Bar members. |
| Check discipline history or file a complaint | Grievances about an Alaska lawyer go to the Alaska Bar Association. Review the bar's linked explanations first, then fill out the Attorney Grievance Form, print, sign and date it, and mail the original (no electronic, faxed or photocopied forms) to 840 K Street, Suite 100, Anchorage, AK 99501-3353, describing what the lawyer did or failed to do and attaching supporting documents. No filing fee is mentioned. Public discipline can be checked through the bar's Attorney Public Discipline Search; the bar also posts public notices regarding attorneys. Bar phone: 907-272-7469. Public discipline search: https://justiceweb.alaskabar.org/justiceweb |
Free legal help
| Free legal aid | Alaska Legal Services Corporation is the LSC-funded civil legal aid organization for Alaska and provides free civil legal help to eligible low-income Alaskans. The Alaska Court System's Self-Help Center offers free legal information and forms for people representing themselves. Court self-help: https://courts.alaska.gov/shc/index.htm |
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All legal help in Alaska · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.