Hiring a Workers' Compensation Lawyer in Minnesota
The limits on workers' comp lawyer fees in Minnesota, 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 Minnesota: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | OLPR says most routine fee disputes are best resolved outside the discipline system, and that fee arbitration is a relatively fast and simple way to resolve them; call the Minnesota State Bar Association at (612) 333-1183 for your local fee arbitration committee. A clearly illegal or grossly excessive fee can lead to discipline. |
| If a lawyer takes your money | The Minnesota Client Security Board's fund can reimburse losses of money or property caused by a Minnesota lawyer's dishonesty (such as theft) in an attorney-client or related fiduciary relationship for a Minnesota matter; negligence, malpractice and fee disputes are not covered. The maximum the Board may pay on a claim is $150,000. File within five years of when you knew or should have known of the dishonest conduct. There is no charge to make a claim. |
Minnesota rules to know first
| Lawyer fee limits | A Minnesota workers' compensation attorney's fee is limited to 20% of the first $275,000 of compensation awarded, and all fees for the same injury are cumulative and may not exceed $55,000. For disputes without an ascertainable dollar value (such as a change of doctor or rehabilitation consultant), the fee is the hourly amount charged or $500, whichever is less. Fees within the 20% maximum do not require approval by the commissioner or a compensation judge; fee disputes can be reviewed under the statute. Source: Minn. Stat. 176.081, subd. 1 |
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| Deadline to file a claim | An injured worker must start proceedings to recover compensation within three years after the employer's written report of the injury is made to the Department of Labor and Industry, but no later than six years from the date of the accident. For occupational diseases (including radiation injuries), the worker must give notice and start an action within three years after learning the cause of the injury and the injury has resulted in disability. For death claims, dependents generally have three years after the department receives the employer's written notice of death, up to six years. Limits are extended three years after a physical or mental incapacity (other than being a minor) ends. Source: Minn. Stat. § 176.151 |
| Deadline to challenge a denial | When there is a dispute over a claim, a party files a claim petition with the Office of Administrative Hearings on the commissioner's form and serves it on the other parties. After a compensation judge decides, a party may appeal to the Workers' Compensation Court of Appeals within 30 days after being served with notice of the award or order; the court may extend this by up to 30 more days if cause is shown within the original 30 days. §176.291: https://www.revisor.mn.gov/statutes/cite/176.291 |
| Can you sue your employer? | An employer's workers' compensation liability is exclusive and replaces any other liability to the worker, family or others claiming damages for the injury or death. If a private employer fails to insure or self-insure, the worker (or dependents) may choose to claim compensation or sue the employer for damages, and the employer cannot defend by blaming a co-worker, assumption of risk, or the worker's negligence unless it was willful. A co-employee is not liable unless the injury resulted from the co-employee's gross negligence or was intentionally inflicted. §176.061: https://www.revisor.mn.gov/statutes/cite/176.061 |
| Suing someone other than your employer | When someone other than the employer is legally liable, the worker, the employer or the special compensation fund may sue that party despite the payment of benefits. From the recovery, collection costs (including attorney fees) come off first, one-third of the rest goes to the worker free of subrogation, and the employer or fund is then reimbursed for benefits paid. A settlement with the third party is not valid unless the employer gets prior notice, and the worker must serve the employer or insurer with a copy of the complaint and notice of trial. |
| Filing a claim online | In Minnesota, tell your employer about a work injury immediately; your employer completes the First Report of Injury (FROI) form and sends it to its workers' compensation insurer. For benefit questions, call the insurer's claim adjuster. If a claim is denied, you can contact a Department of Labor and Industry (DLI) Alternative Dispute Resolution specialist or file an Employee's Claim Petition to request a hearing; if some benefits are paid, disputes over medical care or rehabilitation are filed with DLI as a Medical Request or Rehabilitation Request. To contest a Notice of Intention to Discontinue, request a conference with the Court of Administrative Hearings (651-361-7901). DLI dispute help: 651-284-5032 or 800-342-5354. |
Find and check a lawyer
| Lawyer referral service | The Minnesota State Bar Association offers MN Find a Lawyer, a free online directory of attorneys searchable by practice area and location, and points people to Minnesota Lawyer Referral, "a non-profit public service of the Hennepin and Ramsey County Bar Associations." Minnesota Lawyer Referral offers guided assistance from referral counselors by phone or online self-referral to vetted attorneys (mainly in the Twin Cities metro area) in more than 40 practice areas: "Get a 30-minute consultation for $30 or less." Phone 612-752-6699; hours Monday-Thursday 9 a.m.-4 p.m., Friday 9 a.m.-3 p.m. MN Unbundled connects people statewide with attorneys for brief tasks. MSBA public page: https://mnbars.org/?pg=Public |
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| Check that the lawyer is licensed | The Office of Lawyers Professional Responsibility (OLPR) Lawyer Search shows whether a Minnesota-licensed lawyer has received public discipline, has been placed on disability inactive status in lieu of discipline, or has a public discipline petition pending; court actions appear the next business day. Private discipline, dismissed and pending complaints are not public. For general licensing information (registration status), OLPR directs users to the Minnesota Lawyer Registration Database Search (MARS). |
| Check discipline history or file a complaint | Complaints about Minnesota lawyers go to the Office of Lawyers Professional Responsibility. File with the online form or mail a printed form to OLPR, Minnesota Judicial Center, Suite 105, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155. Describe events in order with dates and send photocopies, not originals (documents are scanned and shredded). The lawyer will receive your complaint, and if it becomes a public discipline case your complaint becomes part of the public record. Phone: 651-296-3952 or 1-800-657-3601. Disciplinary history request: https://olpr.mncourts.gov/lawyer-resources/disciplinary-history-request/ |
Free legal help
| Free legal aid | Minnesota's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Anishinabe Legal Services, Central Minnesota Legal Services, Justice North and Southern Minnesota Regional Legal Services. |
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All legal help in Minnesota · 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.