Hiring a Workers' Compensation Lawyer in Texas
The limits on workers' comp lawyer fees in Texas, 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 Texas: fee rules
| Rules on contingency fees | Under Texas Disciplinary Rule of Professional Conduct 1.04(d), a contingent fee agreement must be in writing and state how the fee is determined; if the percentage differs for settlement, trial or appeal, each percentage must be stated. The agreement must state the litigation and other expenses to be deducted from the recovery and whether they are deducted before or after the fee is calculated. At the end, the lawyer must give the client a written statement describing the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.04(e) bars contingent fees for defending a criminal case. Rule 1.04(a) prohibits illegal or unconscionable fees. |
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| If you disagree with a lawyer's bill | The State Bar of Texas's Client-Attorney Assistance Program (CAAP), a confidential statewide dispute resolution service, helps clients and lawyers resolve minor disagreements and can help you communicate with your attorney about a fee, but it cannot recover fees or refunds. If you believe a fee is unjust or unsupported by the fee agreement or work performed, the bar advises filing a grievance; CAAP and the grievance process cannot be used at the same time. CAAP staff answer 1-800-932-1900. |
| If a lawyer takes your money | The State Bar of Texas Client Security Fund generally requires a grievance that results in findings that the lawyer stole the client's money or failed to refund an unearned fee, unless the lawyer is already disbarred, resigned in lieu of discipline or deceased, plus proof of the loss. Apply online within 18 months after the date of the disciplinary judgment. |
Texas rules to know first
| Lawyer fee limits | Under Texas Labor Code 408.221, a claimant's attorney fees must be approved by the DWC commissioner or a court and may not exceed 25 percent of the injured employee's benefits; fees are paid out of those benefits. TDI says an attorney can charge a maximum of $200 per hour plus expenses. Free state help: the Office of Injured Employee Counsel (OIEC) provides ombudsmen at no cost to injured employees (and beneficiaries in work-related death cases) who don't have an attorney; they help communicate with the employer, carrier and doctor, explain the hearings process and attend proceedings with you, but don't give advice or sign agreements for you. OIEC: (866) 393-6432. TDI FAQ: https://www.tdi.texas.gov/wc/employee/iefaqe.html ; OIEC: https://www.oiec.texas.gov/employee/ombudsman.html |
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| Deadline to file a claim | The employee must file a claim for compensation with the Division of Workers' Compensation no later than one year after the injury (or, for an occupational disease, one year after the employee knew or should have known it was work-related). Missing the deadline relieves the employer and insurer of liability unless there was good cause or the employer/insurer does not contest the claim. |
| Deadline to challenge a denial | A disputed claim generally must first go to a benefit review conference with the Texas Department of Insurance, Division of Workers' Compensation; a party is not entitled to a contested case hearing unless one is held, except as the law or rules allow. To appeal an administrative law judge's contested-case decision, a party must file a written request for appeal with the appeals panel within 15 days after receiving the decision (weekends and holidays not counted). To seek judicial review of the appeals panel decision, a party must file suit within 45 days after the division mailed the decision (mailing is deemed to be the fifth day after the decision was filed). The statutes read do not set a fixed deadline to request a benefit review conference after a denial. |
| Can you sue your employer? | For an employee whose employer carries workers' compensation insurance, workers' comp benefits are the exclusive remedy against the employer and its agents or employees for a work-related injury or death. The exception in the statute: the surviving spouse or children (heirs of the body) of an employee whose death was caused by the employer's intentional act or omission or gross negligence may recover exemplary (punitive) damages. Texas employers may choose not to carry coverage; see uninsured_employer. Source: Tex. Lab. Code § 408.001 |
| Suing someone other than your employer | Yes. An injured employee may seek damages from a third party who is liable for the injury and also pursue workers' comp benefits. The insurance carrier is subrogated to the employee's rights up to the total benefits paid or assumed (reduced by the percentage of responsibility a jury assigns to the employer), and may enforce the claim in the employee's name. The net recovery first reimburses the carrier; any excess is treated as an advance against future benefits. |
| Filing a claim online | Report your injury to your employer within 30 days. To protect your rights, file DWC Form-041 (Employee's Claim for Compensation) with the Texas Department of Insurance, Division of Workers' Compensation (DWC) within one year: online, by mail to DWC, PO Box 12050, Austin, TX 78711, or by fax to 512-804-4378, and call a week or two later to confirm DWC received it. DWC Claims & Customer Services: 800-252-7031, option 1. Free help with disputes is available from an ombudsman at the Office of Injured Employee Counsel (OIEC). |
Find and check a lawyer
| Lawyer referral service | The State Bar of Texas Lawyer Referral & Information Service (LRIS) helps you find a lawyer or other resource matched to your legal needs and financial means; staff cannot give legal advice. For Bexar, Dallas, Harris, Jefferson, Travis and Tarrant Counties, use the local certified lawyer referral service listed by the State Bar. For all other counties, call (800) 252-9690 (Monday-Friday, 8:30 a.m.-4:30 p.m. CST; Spanish spoken) or use the online referral. After the referral, you call to make an appointment; the lawyer provides up to a 30-minute consultation for no more than $20. LRIS has no participating attorneys who offer free or reduced-fee help, and fees after the consultation are set between you and the lawyer. |
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| Check that the lawyer is licensed | The State Bar of Texas's online membership directory (Find a Lawyer) provides basic information about attorneys licensed to practice in Texas. The bar notes the information is provided as is, without warranty, and that the directory is not a certified lawyer referral service. |
| Check discipline history or file a complaint | Grievances against Texas lawyers go to the State Bar of Texas Office of Chief Disciplinary Counsel. Complete the current grievance form (effective October 1, 2025) through the bar's online submission system, or mail or fax it to State Bar of Texas, Chief Disciplinary Counsel's Office, P.O. Box 13287, Austin, Texas 78711 (fax 512-427-4315); outdated or incomplete forms are rejected, and supporting documents should be copies. Within 30 days the Chief Disciplinary Counsel classifies the grievance as an Inquiry (dismissed) or a Complaint (investigated, with the attorney asked to respond). A dismissed grievance can be amended and re-filed within 20 days of the dismissal notice, and dismissals can be appealed to the Board of Disciplinary Appeals. Grievance Information Helpline: 1-800-932-1900. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Texans is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists three Texas grantees: Legal Aid of NorthWest Texas, Lone Star Legal Aid, and Texas RioGrande Legal Aid. The State Bar's LRIS page also links a self-service tool for finding free or reduced-fee legal resources by county. |
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All legal help in Texas · 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.