Hiring a Workers' Compensation Lawyer in Pennsylvania
The limits on workers' comp lawyer fees in Pennsylvania, 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 Pennsylvania: fee rules
| Rules on contingency fees | Under Pennsylvania Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in writing and state how the fee is determined, including the percentage(s) for settlement, trial or appeal, litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. At the end, the lawyer must give the client a written statement showing the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony or support, and contingent fees for defending a criminal case. Rule 1.5(b) also requires the basis or rate of the fee to be communicated in writing to clients the lawyer has not regularly represented. |
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| If you disagree with a lawyer's bill | Fee disputes are not normally handled through Pennsylvania's discipline process; the Disciplinary Board directs clients to contact the bar association in the county where the attorney practices. |
| If a lawyer takes your money | The Pennsylvania Lawyers Fund for Client Security reimburses victims of attorney dishonesty in the practice of law. The maximum award is $150,000 per claimant, with a $1,000,000 aggregate cap per attorney (effective February 24, 2014) that only the Supreme Court can exceed. Awards are discretionary. Filing is free and a lawyer is not required; mail the original signed Statement of Claim Form with supporting documents (scanned, emailed or faxed copies are accepted, though originals may be requested). |
Pennsylvania rules to know first
| Lawyer fee limits | Attorney fee agreements in Pennsylvania workers' compensation cases must be approved by a workers' compensation judge or the Workers' Compensation Appeal Board, and counsel fees may not exceed 20 percent of the amount awarded. Where counsel gets a favorable result but no immediate award (such as termination or suspension cases), the judge awards reasonable agreed fees without regard to the percentage. In compromise and release settlements, fees may not exceed 20 percent of the settlement amount. You may represent yourself, but a non-attorney can't represent you. LIBC-100: https://www.pa.gov/content/dam/copapwp-pagov/en/dli/documents/individuals/workers-compensation/publications/documents/libc-100.pdf |
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| Deadline to file a claim | Claims are barred unless, within three years after the injury (or death), the parties agree on compensation or a petition is filed. If the employer or its insurer denies the claim, the worker has three years from the date of injury to file a claim petition with the Workers' Compensation Office of Adjudication. For occupational diseases, the disability must occur within 300 weeks of the last hazardous employment, and the petition must be filed within three years from the date of injury/disability. |
| Deadline to challenge a denial | If a claim is denied or disputed, the worker generally must file a claim petition within three years after the injury (or within three years after the last compensation payment). A workers' compensation judge decides the petition; any party may appeal the judge's decision to the Workers' Compensation Appeal Board within 20 days after notice of the decision is served, and other parties may cross-appeal within 14 days of the first appeal. Board decisions can be appealed to Commonwealth Court. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). The compilation prints two versions of § 315 (two-year and three-year); its editor's note explains the three-year version is the later amendment. |
| Can you sue your employer? | Generally no. The employer's liability under the Workers' Compensation Act is exclusive and in place of any other liability to the worker, spouse, parents, dependents or anyone else entitled to damages for a work injury or occupational disease. The statute's main exception is an employer that fails to insure or self-insure: then the worker may either claim under the Act or sue the employer for damages at law. Other exceptions recognized by Pennsylvania courts were not reviewed. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). |
| Suing someone other than your employer | Yes. When a third party causes the injury, the worker (or family) may sue that third party. The employer is subrogated to the worker's recovery to the extent of compensation payable; attorney fees and costs are shared in proportion to the compensation paid at the time of recovery, and any excess recovery goes to the worker and is treated as an advance on future compensation. The employer and its insurer cannot be held liable to the third party for contribution or indemnity unless a prior written contract expressly provides for it. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). |
| Filing a claim online | Report your injury to your employer or supervisor immediately, with the date and place. Once you lose a day, shift or turn of work, your employer must report the injury to the Bureau of Workers' Compensation by filing a first report of injury. The employer or its insurer then accepts or denies the claim; if it is denied (or temporary payments stop after 90 days), you can file a claim petition for a hearing before a workers' compensation judge. Bureau of Workers' Compensation Claims Information Services: 800-482-2383 (in PA) or 717-772-4447, email ra-li-bwc-helpline@pa.gov. |
Find and check a lawyer
| Lawyer referral service | The Pennsylvania Bar Association's Lawyer Referral Service (LRS) connects people with a qualified attorney in the right location. Complete the online form (available 24/7) or call 800-932-0311 (select option 2) and describe your legal issue to get an immediate referral, then contact the attorney directly. The initial 30-minute consultation costs no more than $30. The PBA LRS operates in 47 of Pennsylvania's 67 counties. |
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| Check that the lawyer is licensed | The Disciplinary Board of the Supreme Court of Pennsylvania offers a public attorney search to view an attorney's contact information and disciplinary history. Search by last name, first name, attorney ID number, city, county or license status; status definitions are on a linked page. |
| Check discipline history or file a complaint | Complaints about Pennsylvania attorneys go to the Disciplinary Board of the Supreme Court of Pennsylvania and its Office of Disciplinary Counsel. File online with the electronic form, or print, sign and mail the complaint form (available in English and several other languages) to the district office where the attorney practices. You receive an acknowledgment and file number; Disciplinary Counsel investigates and may contact you, the attorney and others, and you get official notice of the outcome. Complaints are kept confidential except as the rules allow, and the process does not provide money or legal advice. The Board's attorney search shows disciplinary history; some prior discipline documents are online and others can be requested from the Executive Office ($0.50 per page). Board main line: 717.231.3380. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Pennsylvanians is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists seven Pennsylvania grantees: Legal Aid of Southeastern Pennsylvania, MidPenn Legal Services, Neighborhood Legal Services Association, North Penn Legal Services, Northwestern Legal Services, Philadelphia Legal Assistance Center, and Summit Legal Aid. |
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All legal help in Pennsylvania · 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.