Hiring a Workers' Compensation Lawyer in Washington
The limits on workers' comp lawyer fees in Washington, 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 Washington: fee rules
| Rules on contingency fees | Under Washington RPC 1.5(c), a contingent fee agreement must be in a writing signed by the client and must 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, clearly notifying the client of expenses owed whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Where all or part of a recovery is paid in the future, the percentage fee is paid only as the client receives the amounts, or applied to the actual cost of the settlement or award to the defendant. RPC 1.5(d) bars fees in domestic relations matters contingent on securing a dissolution or annulment or on the amount of maintenance, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Washington State Bar Association does not resolve fee disputes. It refers people to Resolution Washington and to the Washington State Dispute Resolution Centers listed by the courts. |
| If a lawyer takes your money | The WSBA's Client Protection Fund, overseen by the Client Protection Board, aims to relieve or mitigate a client's financial loss caused by a licensed legal professional's dishonesty or failure to account for money or property entrusted in connection with their law practice. Complete the Application Form (English or Spanish) and email it with supporting documents to cpfund@wsba.org; the CPF Procedures document is linked on the page. |
Washington rules to know first
| Lawyer fee limits | Washington law limits attorney fees for services before L&I to a reasonable fee of not more than 30 percent of the increase in the award the attorney secures, fixed by the L&I director on application; for appeals, the Board of Industrial Insurance Appeals fixes the fee, and it is unlawful to charge more. Fees on claim resolution settlement agreements are limited to 15 percent of the total paid to the worker. You can request a fee review by writing to the Director of Labor & Industries, PO Box 44000, Olympia WA 98504-4000, or the Board of Industrial Insurance Appeals, PO Box 42401, Olympia WA 98504-2401. You don't need an attorney to protest an L&I decision. Guide: https://lni.wa.gov/forms-publications/F242-104-000.pdf |
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| Deadline to file a claim | An injury claim must be filed within one year after the day of the injury. Occupational disease claims must be filed within two years of receiving written notice from a health care provider that the condition exists and is work-related. |
| Deadline to challenge a denial | A worker or other person aggrieved by an order, decision or award of the Department of Labor and Industries must file a notice of appeal with the Board of Industrial Insurance Appeals and the director within 60 days from the day the order was communicated. After hearings, an industrial appeals judge issues a proposed decision; a party has 20 days (or any extension allowed) to file a petition for review with the Board. A party aggrieved by the Board's final decision, or by its denial of review, may appeal to superior court within 30 days after it is communicated. |
| Can you sue your employer? | Generally no. Washington's industrial insurance law withdrew workplace injuries from private lawsuits and abolished civil actions and court jurisdiction over them, providing workers' comp benefits to the exclusion of every other remedy except as the law provides. If the injury results from the employer's deliberate intention to produce the injury, the worker may take benefits and also sue the employer for damages beyond the benefits paid or payable. |
| Suing someone other than your employer | Yes. If a third person not in the worker's same employ is liable for the injury, the worker may choose to sue that person, and must give notice to the Department of Labor and Industries or the self-insured employer when the action is filed; the department or self-insurer may intervene to protect its statutory interest. From any recovery, costs and attorney fees are shared proportionately, the worker receives 25 percent of the balance (or less if agreed in a settlement), and the department or self-insurer is reimbursed from the remainder to the extent of benefits paid. |
| Filing a claim online | File a workers' comp claim with the Department of Labor & Industries (L&I) online through FileFast, by phone at 1-877-561-FILE (3453), or at your doctor's office, where the doctor files the Report of Accident for you. If your employer is self-insured, you must file with your employer. L&I or the self-insured employer must receive the Report of Accident within 1 year of the injury (2 years from diagnosis for occupational disease). Check your claim online through L&I's Claim & Account Center (Lni.wa.gov/ClaimInfo), or call L&I's Office of Information and Assistance at 1-800-547-8367. Guide: https://lni.wa.gov/forms-publications/F242-104-000.pdf |
Find and check a lawyer
| Lawyer referral service | The Washington State Bar Association does not provide referrals to private attorneys. It points the public to local county bar association referral services in Clark, King, San Juan (by email request), Snohomish and Tacoma-Pierce Counties, and to the American Bar Association's lawyer referral directory. |
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| Check that the lawyer is licensed | The Washington State Bar Association's Legal Directory lets anyone search currently licensed Washington lawyers (and limited practice officers and limited license legal technicians) for contact, license and discipline information. It shows license status and type (such as Active, Inactive, Suspended or Disbarred), email and phone, city, county and zip, and discipline notices on the profile; it does not show admission date or full street address. Practice details are voluntary and may be incomplete. |
| Check discipline history or file a complaint | The Washington State Bar Association reviews complaints (grievances) about a lawyer's ethical conduct. File online with the E-Grievance Form or print the Grievance Form and mail it to Washington State Bar Association, 1325 Fourth Ave., Suite 600, Seattle, WA 98101-2539; questions to intake@wsba.org or 800-945-9722 (206-443-9722 local). The WSBA suggests reading its guide 'Lawyer Discipline in Washington' and the grievance FAQ first. For help reestablishing communication or getting your client file, use the Request for Assistance Form instead. Discipline notices appear on lawyers' Legal Directory profiles. Online grievance form: https://onlinegrievance.wsba.org/ |
Free legal help
| Free legal aid | CLEAR (Coordinated Legal Education, Advice and Referral), run by the Northwest Justice Project, is a legal advice and referral hotline for low-income Washington residents with civil legal problems (incomes at or below 125% of the poverty line). Outside King County, call 1-888-201-1014 weekdays 9:15 am-12:15 pm; King County residents call 2-1-1 (weekdays 8:00 am-6:00 pm). Seniors 60+ can call CLEAR*Sr at 1-888-387-7111. Court-affiliated self-help centers also offer free, limited legal services to self-represented litigants. LSC lists the Northwest Justice Project as its Washington grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Washington · 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.