Hiring a Workers' Compensation Lawyer in Wisconsin
The limits on workers' comp lawyer fees in Wisconsin, 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 Wisconsin: fee rules
| Rules on contingency fees | Under Wisconsin SCR 20:1.5(c), a contingent fee agreement must be in a writing signed by the client stating 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, and 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. SCR 20:1.5(d) bars contingent fees in any action affecting the family (including divorce, legal separation, annulment, paternity, support and maintenance, custody and placement, property division, termination of parental rights and adoption), except to collect past-due support, maintenance or property division, and for representing a defendant in a criminal case or any proceeding that could result in deprivation of liberty. Source: Wis. SCR 20:1.5(c)-(d) |
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| If you disagree with a lawyer's bill | The State Bar of Wisconsin's Fee Arbitration Program may be available when you and your lawyer disagree about the amount charged for legal representation, including costs or expenses. The panel's decision is final and binding, subject only to appeal rights under Chapter 788 of the Wisconsin Statutes; having a lawyer at the hearing is optional. A nonrefundable application fee of $35 to $150 per party applies. Contact feearb@wisbar.org; the Office of Lawyer Regulation does not handle fee disputes. |
| If a lawyer takes your money | The Wisconsin Lawyers' Fund for Client Protection, administered through the State Bar of Wisconsin, may reimburse clients who suffered financial loss due to the dishonest conduct of their attorney, up to the Fund's maximum amount. The committee meets three times a year and sets application deadlines for each meeting. File through the State Bar's File a Claim page; an informational brochure is available in English, Spanish and Hmong. Contact WLFCP@wisbar.org. |
Wisconsin rules to know first
| Lawyer fee limits | Wisconsin law caps attorney (or representative) fees in worker's compensation cases at 20 percent of the amount at which the claim is compromised, awarded or collected, unless the department has authorized otherwise. Where liability is admitted, the amount is undisputed and no hearing or appeal is needed, the fee may not exceed 10 percent and no more than $250. On application, the department may set the fee and order it paid from the award, directly to the attorney. DWD notes fees and costs are deducted from the worker's payments, and settlements must be approved by the Worker's Compensation Division. DWD guide: https://dwd.wisconsin.gov/dwd/publications/wc/wkc-18-p.htm Source: Wis. Stat. 102.26; DWD WKC-18-P |
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| Deadline to file a claim | If no compensation other than medical treatment or burial expenses has been paid, an application must be filed with the Department of Workforce Development within two years of the injury (or of when the worker knew or should have known it was work-related), unless the employer knew or should have known of the injury within that period. Once a claim is established, the right to proceed generally lasts six years for traumatic injuries and 12 years for occupational diseases, measured from the injury or the last payment of compensation, whichever is later. |
| Deadline to challenge a denial | A disputed claim starts with a written application for hearing filed with the Department of Workforce Development, which sends it to the other parties. A party may petition the Labor and Industry Review Commission to review a hearing examiner's decision awarding or denying compensation; the petition must be received within 21 days after the decision was mailed, or it will be dismissed unless the late filing was for reasons beyond the petitioner's control. Within 30 days after the date of the Commission's order or award, an aggrieved party may start an action for review in circuit court. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). |
| Can you sue your employer? | Generally no. Where the conditions for workers' comp liability exist, the right to recover workers' comp is the exclusive remedy against the employer, any other employee of the same employer, and the workers' comp insurer. The statute still allows a suit against a co-employee for an assault intended to cause bodily harm, for negligent operation of a motor vehicle not owned or leased by the employer, or where a governmental unit would pay the judgment under a collective bargaining agreement or ordinance. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). Source: Wis. Stat. § 102.03(2) |
| Suing someone other than your employer | Yes. Making a workers' comp claim does not affect the worker's right to sue any other party (a '3rd party') responsible for the injury, and the employer or insurer that paid or must pay comp (or the state, if it paid from the uninsured employers fund) may also sue; each must give the other reasonable notice and an opportunity to join and be represented. From the proceeds, after the reasonable cost of collection, one-third of the remainder goes to the worker in any event; the employer, insurer or fund is then reimbursed for comp paid or owed in the future (with listed exceptions), and any balance goes to the worker. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). Source: Wis. Stat. § 102.29(1) |
| Filing a claim online | Report your accident or ailment to your supervisor immediately. Your employer reports to its insurer, which reports to DWD's Worker's Compensation Division if required; you do not have to file a claim yourself if you reported the injury. For a dispute, you can ask the Division for a hearing before an administrative law judge (hearing application forms are available from the Division). Worker's Compensation Division: (608) 266-1340. |
Find and check a lawyer
| Lawyer referral service | The State Bar of Wisconsin's Lawyer Referral Service (LRS) connects the public with a trained legal assistant (not legal advice) who assesses your situation and points you to the most appropriate resource; if you need an attorney, LRS refers you to one in your area interested in your type of legal issue. Referred attorneys agree to charge no more than $20 for the first 30-minute consultation; regular fees apply after that. Phone: (800) 362-9082. |
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| Check that the lawyer is licensed | The Wisconsin Court System's Lawyer Status and History site lets the public search Wisconsin lawyers by name, State Bar number, law firm, city, state, law school or graduation year; the Office of Lawyer Regulation lists it for lawyer status and history. |
| Check discipline history or file a complaint | Grievances against Wisconsin lawyers go to the Supreme Court's Office of Lawyer Regulation (OLR). File by phone at (608) 267-7274 or (877) 315-6941, option 1 (not available to incarcerated persons); by mailing a letter or the LR-004 grievance form to Office of Lawyer Regulation, P.O. Box 1648, Madison, WI 53701-1648; or by emailing the form and documents to olr.intake@wicourts.gov. Grievances are against individual attorneys, not firms. OLR's preliminary evaluation may forward the matter, resolve a minor dispute, close it, or refer it for investigation, diversion or a consent reprimand; investigated matters can go to the Preliminary Review Committee, which can authorize a complaint in the Supreme Court. Some cases take 30 to 90 days, complex ones one to two years. You generally cannot learn whether grievances were filed, but OLR will disclose public discipline and formal complaints filed with the Supreme Court. |
Free legal help
| Free legal aid | Legal Action of Wisconsin provides free civil legal help to people who qualify. Apply online or call (855) 947-2529 (about 20 minutes); intake asks about income, assets, household size and the legal issue, applying does not guarantee services, and people who are not accepted get referrals to other resources. The Wisconsin courts' Self-Help Law Center offers forms and information for people representing themselves (not legal advice). LSC lists Legal Action of Wisconsin as its Wisconsin grantee. Self-Help Law Center: https://www.wicourts.gov/services/public/selfhelp/index.htm; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Wisconsin · 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.